ABSTRACT
The proposed Belgian sprout mark is likely to fail on a number of grounds. Whilst it is possible for a quasi-national emblem to become a trade mark (Welsh Lady Trade Mark (1964)), a mark which is applied for in bad faith or with no honest intention to use may not be registered. The provisions as to national flags and emblems equally apply to anything which from a heraldic point of view imitates any such flag, or other emblem, sign or hallmark. In McGlennon’s Application (1908), a proposal for a shamrock trade mark was refused as calculated to deceive customers that the goods were made in Ireland.
