3.1.4 The Commonwealth Games Symbol Protection Act 1974

Section 3 of the Commonwealth Games Symbol Protection Act 1974 prohibits the use of the following unless consent has been obtained from the Minister of Internal Affairs or the circumstances set out in section 3(3) of the Commonwealth Games Symbol Protection Act 1974 apply:

• The official symbol of the Xth British Commonwealth Games;
• Any mark, emblem or design that so nearly resembles the official symbol of the Xth British Commonwealth Games as to be likely to deceive.

The official symbol of the Xth British Commonwealth Games is shown below.

Where a mark consists of or contains the official symbol of the Xth British Commonwealth Games or a representation so nearly resembling it as to be likely to deceive, and where it appears that the circumstances set out in section 3(3) of the Commonwealth Games Symbol Protection Act 1974 do not apply, the examiner should raise concerns that the mark is not registrable under section 17(1)(b) of the Act, with reference to section 3 of the Commonwealth Games Symbol Protection Act 1974.