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4. Armorial bearings, flags, emblems and names of international organisations

Section 29(1) of the Act states that:

The Commissioner must not, without the authorisation of the international organisation concerned, register a trade mark that contains a representation of the armorial bearing, flag, or other emblem, or the abbreviation or name, of an international intergovernmental organisation of which 1 or more convention countries are members if the armorial bearing, flag, or other emblem, or the abbreviation or name, of the international organisation concerned is protected under the Paris Convention or the TRIPS Agreement.

Section 29(1) of the Act prohibits the registration of marks that contain representations of an armorial bearing, flag, or other emblem, or the abbreviation or name, of an international intergovernmental organisation, without the authorisation of the relevant international intergovernmental organisation where:

one or more convention countries are members of the international intergovernmental organisation; and
the armorial bearing, flag, or other emblem, or the abbreviation or name, of the international intergovernmental organisation concerned is protected under the Paris Convention or the TRIPS Agreement.

The Examiner must check that:

the international organisation has more than one convention country as a member; and
the abbreviation or name, of the international organisation concerned is protected under the Paris Convention or the TRIPS Agreement.

Armorial bearings, flags, or other emblems, or abbreviations or names, of an international intergovernmental organisation will only receive protection if New Zealand has been notified by WIPO in accordance with the procedures set out in section 30.¹¹

Such organisations would include, for example, the United Nations, The World Health Organisation, and UNESCO.