3.1.9.2.1 Olympic Games and Commonwealth Games

Section 34 of the Major Events Management Act 2007 provides that the Commissioner of Trade Marks must not register an emblem if the use of that emblem by that person would be an offence against section 28.

Section 28(c) of the Major Events Management Act 2007 provides that, unless the New Zealand Olympic Committee Incorporated provides written authorisation, it is an offence to in any business, trade, or occupation display, exhibit, or otherwise use any word, name, title, style, or designation that:

(i) includes any emblem or word in Parts 1 to 3 of the Schedule; or
(ii) so closely resembles any emblem or word in Parts 1 to 3 of the Schedule as to be likely to deceive or confuse any person.

Where the following circumstances apply, the examiner should raise concerns that the mark is not registrable under section 17(1)(b) of the Act, with reference to section 34 of the Major Events Management Act 2007:

• The mark consists of or includes an emblem and/or word that has been set out in Schedules 1 to 3 of the Major Events Management Act, or any abbreviation, extension, derivation of the aforementioned, or a name that has the same or similar meaning to the aforementioned.
• Use of the mark has not been expressly authorised by the New Zealand Olympic Committee Incorporated (which must make a decision within 10 working days of application for authorisation or will be deemed to have given the authorisation sought³⁰)
• Use of the mark is not covered by one of the relevant exceptions in section 30 of the Major Events Management Act 2007 namely:

• That use of the emblem or word is expressly authorised by or under any Act or by the Governor-General by Order in Council; or
• That immediately before 19 December 1998 use of the emblem or word was:

1. expressly authorised by a person lawfully entitled to give authority; or
2. the emblem or word was registered under any statutory authority; or

• The emblem or word is part of the description of any sporting or recreational facilities operated by a local authority or community organisation; or
• The emblem or word is to be used for the purposes of or associated with, a radio or television programme, an Internet website, or a film, book, or article for publication in a newspaper or magazine, relating to a person who was a member or official of the New Zealand team that competed at an Olympic Games or Commonwealth Games; or
• The word comprises the whole or part of the proper name of any town or road or other place in New Zealand; or
• The word is the surname or initials of a foundation member of the body or of the person engaging in the business, trade or occupation.

The examiner should also consider whether use of the mark would be likely to deceive or cause confusion. For example, if use of the mark may imply sponsorship, permission or approval by New Zealand Olympic Committee Incorporated an objection may be relevant under section 17(1)(a) of the Act.³¹

The contents of the Schedule to the Major Events Management Act are set out below.

Part 1: Emblems

The Five Ring Olympic Symbol (as depicted above, or in black	The Five Ring Olympic Symbol with a Fern Leaf (as depicted above, or in black, with or without the words “New Zealand” or “New Zealand Olympic Committee” or any abbreviation or combination of those words)
The Five Ring Olympic Symbol with a Fern Leaf and the words “New Zealand”	“Goldie” the Official New Zealand Olympic mascot (as depicted above, or in any other form, colours, or pose, with or without any sporting equipment, with or without the New Zealand flag or any flag picturing the five Olympic rings, and with or without words or other symbols)
The New Zealand Commonwealth Games Symbol (as depicted above, or in black)	The Olympic Flame Symbol (as depicted above, or in any other form, colours, context, or position, or in a hand-held torch with the Five Ring Olympic symbol, whether or not the Five Ring Olympic symbol is on a flag, and whether or not the torch and symbol are with the New Zealand Flag, or a Fern Leaf, or both)
The New Zealand Commonwealth Youth Games Emblem (as depicted above, or in black)	The New Zealand Youth Olympic Festival Emblem (as depicted above, or in black
The Commonwealth Games Federation Emblem

Part 2: Words that are names

1. “Commonwealth Games”; “Five Ring Olympic Symbol”; “Five Ring Olympic Symbol With A Fern Leaf”; “International Olympic Committee”; “New Zealand Commonwealth Games Team”; “New Zealand Commonwealth Youth Games Team”; “National Olympic Committee”; “New Zealand Olympic And Commonwealth Games Association Incorporated”; “New Zealand Olympic Committee Incorporated”; “New Zealand Olympic Team”; “New Zealand Youth Olympic Festival Team”; “Olympic Games”; “Olympic Gold”

2. Any abbreviation, extension, or derivation of the names in clause 1.
3. Names that have the same meaning as, or a similar meaning to, the names in clause 1.

Part 3: Words relating to Olympic and Commonwealth Games

1. The expressions “Turin 2006”, “Torino 2006”, “Melbourne 2006”, “Beijing 2008”, and any words in column A when used in connection with any words in column B.

2. The expressions “Games City”, “Gold Games”, “One Team One Spirit”, and “One Team Our Team”.
3. Any abbreviation, extension, or derivation of a word or words in clause 1 or 2
4. Words that have the same meaning as, or a similar meaning to, a word or words in clause 1 or 2.

Footnotes

³⁰ See Section 29 of the Major Events Management Act 2007.

³¹ See ‘Suggestion of Endorsement of License’ under ‘Deception or Confusion’, above for more information.