3.1 Flags of convention countries

Section 28(a) of the Act prohibits the registration of marks that contain representations of the flag of a convention country⁶, without the authorisation of the relevant authority.

Section 28(a) allows the Commissioner discretion in registering marks containing flags where the Commissioner is satisfied that use of the flag in the manner proposed is permitted without that authorisation.

Where the mark in question consists solely of the flag of the convention country, the Examiner will request authorisation from the relevant authority.

Where the mark in question contains the flag of the convention country as part of the mark, the Examiner will consider the matter on a case-by-case basis.

For example, the mark will be considered in relation to the goods or services applied for. People may be influenced to purchase goods or a service because they appear to originate from the country whose flag is contained in the mark.

Flag of the United Kingdom

Footnote

⁶ See Annexure ‘B’ for a list of convention countries.