4.2 Connection between organisation and trade mark

The provisions of this section have a similar effect to those in section 28, but the Commissioner has discretion to allow registration without the authorisation of the relevant official. Section 29(2) of the Act states that:

Despite subsection (1), the Commissioner may register a trade mark if the Commissioner considers that the use of the armorial bearing, flag, or other emblem, or the abbreviation or name, of the international organisation concerned in the manner proposed---

Therefore, under section 29(2) the Commissioner may register a trade mark if the Commissioner considers that the use of the armorial bearing, flag or other emblem, or the name or abbreviation of the name, of the international organisation concerned-

• is not likely to suggest that a connection exists between the organisation and the trade mark; or
• is not likely to mislead the public as to the existence of a connection between the user and the organisation.

Where the mark in question consists solely of the name or emblem of an international intergovernmental organisation, the applicant will be required to provide authorisation from the relevant organisation.

Authorisation to register a mark that includes a flag, emblem, name or abbreviation of a name of an intergovernmental organisation may not be required if, for example, the goods or services to be covered by the application are such that the public would be unlikely to associate the mark with the organisation to which the emblem relates.

Where the international intergovernmental organisation is only well known in relation to a particular area of activity, the connection between the mark and the organisation may be less apparent. In such cases the examiner should carefully consider the relationship between the goods or services in the specification and the area of reputation of the organisation that appears in the trade mark. Each case must be considered on its merits.