3. Flags, state emblems of convention countries

Section 28 of the Act states:

The Commissioner must not, without the authorisation of the competent authorities of the country concerned, register a trade mark that contains a representation of---

a) the flag of a convention country unless the Commissioner considers that the use of the flag in the manner proposed is permitted without that authorisation; or

b) the armorial bearings or any other State emblem of a convention country that is protected under the Paris Convention or the TRIPS Agreement; or

c) an official sign or hallmark---

(ii) that indicates control and warranty in relation to goods or services of the same, or similar, kind as those goods or services in relation to which the trade mark is to be registered; and

(iii) that is protected under the Paris Convention or the TRIPS Agreement.