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OHIM Practice on Trade Marks which include badges, emblems or escutcheons other than those covered by the Paris Conventi

Article 7(1)(i). Article 7(1)i CTMR:The following shall not be registered: trade marks which include badges, emblems or escutcheons other than those covered by Article 6 ter of the Paris Convention and which are of particular public interest, unless the consent of the competent authority to thei

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OHIM Practice on Trade Marks which include badges, emblems or escutcheons other than those covered by the Paris Conventi

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    1. Article 7(1)i CTMR

    2. Article 7(1)(i) Article 7(1)i CTMR: The following shall not be registered: “trade marks which include badges, emblems or escutcheons other than those covered by Article 6 ter of the Paris Convention and which are of particular public interest, unless the consent of the competent authority to their registration has been given”

    3. Article 7(1)i CTMR OHIM construes 7(1)i CTMR narrowly OHIM keeps no list of badges/emblems/shields which should be refused under this provision In principle OHIM only refuses signs of particular public interest whose protection is reserved by an international instrument (such as a convention or treaty) and only if all the Member States are party to that international instrument.

    4. Article 7(1)i CTMR The above symbols (the Red Cross, Red Crescent and Red Crystal) are protected under the Geneva Convention. Any sign including these three symbols must be refused.

    5. Article 7(1)i CTMR The extent of Art. 7 (1)(i) CTMR is applicable to all goods and services, independently of the existence of any connection with the activities usually associated with the protected sign. For Example: marks containing the red cross symbol have been refused for lists of goods having no link whatsoever with the activities of the Red Cross Organisation (such as “slippers” and “computers”).

    6. Article 7(1)i CTMR Protection will be afforded only when the symbol applied for is identically reproduced (included) in the mark applied for or where the difference is indistinguishable. The test is therefore more restrictive than for signs falling under Article 6ter Paris Convention (where protection extends to “heraldic imitations”).

    7. Article 7(1)i CTMR In the following case no objection was raised. The red crosses depicted are not identical to the protected one.

    8. Article 7(1)i CTMR Examples of marks which were rejected under 7(1)i because they contain a reproduction of the Red Cross:

    9. Article 7(1)i CTMR Examples of marks which were rejected under 7(1)i because they contain a reproduction of the Red Cross:

    10. Article 7(1)i CTMR No objection is raised simply on the grounds that a sign is universally recognized by the public. The following mark was accepted without any 7(1)i objection:

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