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
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
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
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.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
The EU General Court has upheld the registration of the shape of the ‘Rubik’s Cube’ as a trademark.
The EU General Court has dismissed appeals against OHIM’s dismissal of opposition to registration of the figurative mark LOVOL.
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.