Trade Marks Act, 1996
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Notification under Article 6ter of the Convention. |
64.—(1) For the purposes of section 62 state emblems of a Convention country (other than the national flag) and official signs or hallmarks shall be regarded as protected under the Paris Convention only if, or to the extent that— | |
(a) the country in question has notified the State in accordance with Article 6ter (3) of the Convention that it desires to protect the emblem, sign or hallmark; | ||
(b) the notification remains in force; and | ||
(c) the State has not objected to it in accordance with Article 6ter (4) or any such objection has been withdrawn. | ||
(2) For the purposes of section 63 , the emblems, abbreviations and names of an international organisation shall be regarded as protected under the Paris Convention only if, or to the extent that— | ||
(a) the organisation in question has notified the State in accordance with Article 6ter (3) of the Convention that it desires to protect that emblem, abbreviation or name; | ||
(b) the notification remains in force; and | ||
(c) the State has not objected to it in accordance with Article 6ter (4) or any such objection has been withdrawn. | ||
(3) Notification under Article 6ter (3) of the Paris Convention shall have effect only in relation to applications for registration made more than two months after the receipt of the notification. | ||
(4) The Controller shall keep and make available for public inspection by any person, at all reasonable hours and free of charge, a list of— | ||
(a) the state emblems and official signs or hallmarks, and | ||
(b) the emblems, abbreviations and names of international organisations, | ||
which are for the time being protected under the Paris Convention by virtue of notification under Article 6ter (3). |