3.1.5 The Flags, Emblems, and Names Protection Act 1981

The title of the Flags, Emblems and Names Protection Act 1981 states that the purpose of that Act is:

To declare the New Zealand Ensign to be the New Zealand Flag and to make provision relating to its use and to the use of certain other flags, and to make better provision for the protection of certain names and emblems of Royal, national, international, commercial, or other significance.

Section 21(2) of the Flags, Emblems and Names Protection Act 1981 states:

Sections 12 –14, 16 - 17 and 19 - 20A of the Flags, Emblems and Names Protection Act 1981 are directly relevant to the registrability of trade marks under section 17(1)(b) of the Trade Marks Act 2002, as these sections prohibit the use of certain words, names, representations and emblems unless certain exceptions apply.

Where a mark contains any of the items whose use is prohibited under the Flags, Emblems and Names Protection Act 1981, the examiner should raise concerns that the mark is not registrable under section 17(1)(b) of the Act, with reference to the relevant section(s) of the Flags, Emblems and Names Protection Act 1981.