Section 87: National emblems of Convention countries

87. National emblems of Convention countries.___(1) A trade mark which consist of or contains the flag of a Convention country shall not be registered without the authorization of the competent authorities of that country, unless it appears to the Registrar that use of the flag in the manner proposed is permitted without such authorization. (2) A trade mark which consist of, or contains, the armorial bearings or any other state emblem of a Convention country which is protected under the Paris Convention shall not be registered without the authorization of the competent authorities of that country. (3) A trade mark which consists of, or contains, official mark or hallmark adopted by a Convention country and indicating control and warranty shall not, where the mark or hallmark is protected under the Paris Convention, be registered in relation to goods or services of the same, or a similar kind, as those in relation to which it indicates control and warranty, without the authorization of competent authorities of the country concerned. (4) The provisions of this section as to national flag and other state emblem, and official mark or hallmark, shall apply equally to anything which from a heraldic point of view imitates such flag or other emblem, mark or hallmark. (5) Nothing in this section shall prevent the registration of a trade mark on the application of the national of a country who is authorized to make use of a state emblem, or official mark or hallmark, of that country, notwithstanding that it is similar to that of another country. (6) Why by virtue of this section the authorization of competent authorities of a Convention country is or would be required for the registration of a trade mark, those authorities shall be entitled to restrain by injunction any use of the mark in Pakistan without their authorization.

Effective date: 2001-01-01

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