2.1 Consent

Where a trade mark application contains a representation of a flag, armorial bearing, insignia, orders of chivalry, or decorations of any entity, the Examiner will raise a concern under section 27(1) of the Act and request the applicant to provide consent to the use of the emblem from the appropriate authority.

Where an applicant has obtained consent, the applicant must forward the consent document to IPONZ.

The consent document must:

• clearly identify the mark applied for, and include the representation of the material to which the consent relates;
• relate to the registration, not just use, of the mark applied for;
• clearly identify the goods and services;
• cover all of the goods and services applied for;
• be submitted on official letter-head or carry the seal of the person or entity giving the consent; and
• be an original document, or a copy thereof.

Upon receipt of a letter of consent, the Examiner must check that:

• the person or entity supplying the consent is the person or entity to which the flag, armorial bearing, insignia, order of chivalry, or decoration belongs; and
• the consent document includes all of the necessary information, as outlined above.

If the person or entity which owns the flag, armorial bearing, insignia, order of chivalry, or decoration consents to the registration of the applicant’s mark, but in respect of a narrower specification of goods or services than that originally applied for, then the applicant must request a limitation of the specification, pursuant to section 37(1) of the Act, so that the specification includes only those goods or services for which consent was granted.