3.4 Consent

Where a trade mark application contains a representation of a flag, armorial bearing, state emblem, or an official sign or hallmark, of a convention country,¹⁰ the Examiner will raise a concern under section 28 of the Act and request that the applicant 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 letterhead or carry the seal of the competent authority of the country concerned giving the consent; and
• be an original document, or a certified copy thereof.

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

• the authority of the country providing consent is the appropriate authority of the country to which the flag, armorial bearing, state emblem, or official sign or hallmark, belongs; and
• the consent document includes all of the necessary information, as outlined above.

If the country which owns the flag, armorial bearing, state emblem, or official sign or hallmark, 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 listed in the consent document.

Footnote

¹⁰ See n6 above.