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Q: the blank :definition and materials about "official signs" in trademark law ( Answered,   0 Comments )
Question  
Subject: the blank :definition and materials about "official signs" in trademark law
Category: Relationships and Society > Law
Asked by: wqm721723-ga
List Price: $10.00
Posted: 13 Jul 2004 23:52 PDT
Expires: 12 Aug 2004 23:52 PDT
Question ID: 373858
I want to know more about the definition and materials about "official
signs" in trademark law all over the countries and TRIPS, what are
they? or where to find?
Answer  
Subject: Re: the blank :definition and materials about "official signs" in trademark law
Answered By: pafalafa-ga on 14 Jul 2004 07:55 PDT
 
Thanks for an interesting question.  

"Official signs" is a term used in the so-called Paris Convention that
harmonized many international trademark laws, policies and practices,
and has since been incorporated into TRIPS -- Trade-Related
Intellectual Property Rights -- agreements.

The term refers in a pretty straightforward way to government signs
and symbols -- flags, emblems, official seals, national heraldry, and
the like.

The actual text of the Paris Convention pertaining to "official signs"
can be found here:



http://www.bitlaw.com/source/treaties/paris.html


and the first two articles are below (although there is more relevant
text that you might want to read in full):

=====

Article 6ter
(1) 

(a) The countries of the Union agree to refuse or to invalidate the
registration, and to prohibit by appropriate measures the use, without
authorization by the competent authorities, either as trademarks or as
elements of trademarks, of armorial bearings, flags, and other State
emblems, of the countries of the Union, official signs and hallmarks
indicating control and warranty adopted by them, and any imitation
from a heraldic point of view.

(b) The provisions of subparagraph (a), above, shall apply equally to
armorial bearings, flags, other emblems, abbreviations, and names, of
international intergovernmental organizations of which one or more
countries of the Union are members, with the exception of armorial
bearings, flags, other emblems, abbreviations, and names, that are
already the subject of international agreements in force, intended to
ensure their protection.

(c) No country of the Union shall be required to apply the provisions
of subparagraph (b), above, to the prejudice of the owners of rights
acquired in good faith before the entry into force, in that country,
of this Convention. The countries of the Union shall not be required
to apply the said provisions when the use or registration referred to
in subparagraph (a), above, is not of such a nature as to suggest to
the public that a connection exists between the organization concerned
and the armorial bearings, flags, emblems, abbreviations, and names,
or if such use or registration is probably not of such a nature as to
mislead the public as to the existence of a connection between the
user and the organization.

(2) Prohibition of the use of official signs and hallmarks indicating
control and warranty shall apply solely in cases where the marks in
which they are incorporated are intended to be used on goods of the
same or a similar kind.

=====


I hope this is the information you need.

Before rating this answer, please let me know if you need any
additional information.  Simply post a Request for Clarification and
tell me what you need, and I am at your service.


pafalafa-ga



search strategy: [ "official signs" TRIPS trademark ]

Request for Answer Clarification by wqm721723-ga on 14 Jul 2004 20:48 PDT
Thanks for your answers,but I want to know MORE about the definition
and materials about "official signs" in trademark law and TRIPS,for
example,
what does the term "official" refer to?including central goverment and
local goverment?including some signs of non-goverment community?

Clarification of Answer by pafalafa-ga on 15 Jul 2004 04:50 PDT
There is a database of the 6ter "Official Signs" that can lead you to
the images of the signs themselves.

There is also a page of guidelines and instructions that provides a
lot of additional information about what, in particular, are covered
(and who is covered) by the 6ter guidelines.

For additional background information, visit this page:


http://www.wipo.int/article6ter/en/index.html
Article 6ter of the Paris Convention
Protection of State Emblems, and Names, Abbreviations and Emblems of
International Intergovernmental Organizations


Note that on the left hand side of the page are several links to even
more detailed information...in particular , guidelines to countries
and to international organizations about what can be reported.

One of the links leads to the 6ter database itself:


http://www.wipo.int/ipdl/en/search/6ter/search-struct.jsp


This isn't the easiest system to use.  I suggest entering a year in
the "Circular Date" box (the date should be followed by an asterisk).

For instance, a search on 2002* provides 25 results:


1. (QO 1193) Banco de Pagos Internacionales  
2. (MA 1192) Prix national de la qualité du Royaume du Maroc  
3. (MA 1191) Label qualité pour les produits de la pêche du Royaume du Maroc  
4. (QO 1190) North Atlantic Salmon Conservation Organization  
5. (QO 1189) South Asian Association for Regional Cooperation  
6. (QO 1188) Preparatory Commission for the Comprehensive
Nuclear-Test-Ban Treaty Organization
7. (QO 1187) Organization of the Black Sea Economic Cooperation  
8. (QO 1186) Organization of the Black Sea Economic Cooperation  
9. (QO 1185) Organization of the Black Sea Economic Cooperation  
10. (QO 1184) Organisation for the Harmonisation of Business Law in Africa  
11. (BE 1183) Emblem of the Brussels-Capital Region  
12. (BE 1182) Emblem of the Brussels-Capital Region  
13. (BE 1181) Emblem of the Brussels-Capital Region  
14. (BE 1180) Emblem of the Brussels-Capital Region  
15. (BE 1179) Emblem of the Brussels-Capital Region  
16. (BE 1178) Emblem of the Brussels-Capital Region  
17. (BE 1177) Emblem of the Brussels-Capital Region  
18. (QO 1176) OECD Nuclear Energy Agency  
19. (QO 1175) International Energy Agency  
20. (QO 1174) International Energy Agency  
21. (QO 1173) Organisation for Economic Co-operation and Development  
22. (QO 1172) Organisation for Economic Co-operation and Development  
23. (QO 1171) Organisation for Economic Co-operation and Development  
24. (QO 1154) Preparatory Commission for the Comprehensive
Nuclear-Test-Ban Treaty Organization
25. (QO 0916) BANK FOR INTERNATIONAL SETTLEMENTS  


On the results page, you can click on any of the results to see the
actual trademarked image.


Hope this helps.  Let me know if there's anything else you need.

pafalafa-ga
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