(b) marks of such a nature that they would deceive the public. The Act provides examples of what the public may be deceived about: the nature, quality or geographical origin of the goods or service (ORLWOOLA (1909) 26 RPC 693 and 850, WEE McGLEN [1980] RPC 115). Marks prohibited by law Protected emblems Bad faith Relative grounds : Tobacco, one day? Marks which consist of specially protected emblems specified or referred to in s 4 are excluded from registration by s 3(5). This covers the royal arms and certain flags, and other matter. Olympic symbols are protected by their own

doi:10.4324/9781843142928-96

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(b) marks of such a nature that they would deceive the public. The Act provides examples of what the public may be deceived about: the nature, quality or geographical origin of the goods or service (ORLWOOLA (1909) 26 RPC 693 and 850, WEE McGLEN [1980] RPC 115). Marks prohibited by law Protected emblems Bad faith Relative grounds

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ABSTRACT

A person thus entitled to prevent the use of a trademark is referred to in this Act as the proprietor of an ‘earlier right’ in relation to the trademark.

(5) Nothing in this section prevents the registration of a trademark where the proprietor of the earlier trademark or other earlier right consents to the registration.