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
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
The FCA has published the above consultation paper, which sets out its intended approach to the implementation of a price cap for high-cost, short-term credit.
The DCLG has published revised criteria for deciding which local planning authorities are to be regarded as ‘poor performers’ in relation to their handling of planning applications.
Analysis from The Lawyer
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.
New EU rules and lawyers’ increased comfort with digital formats are sparking a sea-change in the way law firms manage their documents