2. Flags, armorial bearings, insignia, orders of chivalry or decorations generally

Section 27(1) of the Act states:

If a person applies for registration of a sign as a trade mark and the sign includes a representation of the flag, armorial bearing, insignia, orders of chivalry, or decorations of any entity, the Commissioner may require that the applicant obtain the written consent of the person who appears to the Commissioner to be entitled to consent to the registration and use of the sign as a trade mark.

Under section 27 of the Act, where a trade mark application includes a representation of a flag, armorial bearing, insignia, orders of chivalry, or decorations of any entity, the Commissioner may require the applicant to obtain written consent to the registration and use of the flag, armorial bearing, insignia, order of chivalry, or decoration concerned, from the person or entity to which the emblem belongs.

This section of the Act principally refers to the flags of self-governing territories or states that are not parties to the Paris Convention, coats of arms of towns, cities, or non-international inter-governmental organisations, and decorations, such as the insignia of honours and awards.⁴

Section 27 of the Act does not apply where sections 28 or 29 of the Act apply.⁵

Below are examples of flags of non-convention entities, armorial bearings (Coats of Arms), insignia, orders of chivalry, and decorations.

Flag of the Marshall Island	Flag of the State of Hawaii
Coat of Arms of the City of Wellington	Coat of Arms of the City of Auckland
Insignia of the New Zealand Order of Merit	Insignia of the Order of St Michael and St George
Victoria Cross	Insignia of the Order of St John

Footnotes

⁴ IPONZ does not keep copies of the flags of states or territories, coats of arms, and emblems of towns and cities, or of public authorities and institutions in New Zealand, nor of Orders of Chivalry, because of the difficulty of obtaining and maintaining such material.

⁵ See section 27(2) of the Trade Marks Act 2002.