Trademark protection for national emblems

A decision of the General Court has confirmed the significant protection that will be afforded to national and international emblems.

Article 7 of the Community Trade Mark Regulation lists the absolute grounds for refusal of a Community trademark application. These include at Article 7(1)(h): ‘trademarks that have not been authorised by the competent authorities and are to be refused pursuant to Article 6ter of the Paris Convention’; and at Article 7(1)(i): ‘trademarks that include badges, emblems or escutcheons other than those covered by Article 6ter of the Paris Convention and that are of particular public interest, unless the consent of the competent authority to their registration has been given’.

The purpose of Article 6ter of the Paris Convention is to protect the armorial bearings, flags and other state emblems of the signatory nations. The convention gives broad protection to national emblems, which contrasts with the protection afforded to trademarks; for example, there is no requirement to show a likelihood of confusion under the convention…

If you are registered and logged in to the site, click on the link below to read the rest of the Walker Morris briefing. If not, please register or sign in with your details below

Sign in or Register to continue reading this article

Sign in


It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from Walker Morris

  • The dangers of working at heights

    There has been a raft of recent cases where the Health and Safety Executive has successfully prosecuted individuals and firms who have permitted staff and others to suffer injury while working at height.

  • Litigants in person: essential new guidelines

    Guidelines for lawyers have been issued in response to increasing numbers of individuals representing themselves in court. Rebecca Courtney explains how the guidelines can help to ensure the smooth running of cases involving litigants in person.

View more briefings from Walker Morris

Analysis from The Lawyer

View more analysis from The Lawyer


Kings Court
12 King Street

Turnover (£m): 42.50
No. of lawyers: 188