Grounds for refusal in relation to certain emblems etc.U.K.
[F11(1)A design shall be refused registration under this Act if it involves the use of—
(a)the Royal arms, or any of the principal armorial bearings of the Royal arms, or any insignia or device so nearly resembling the Royal arms or any such armorial bearing as to be likely to be mistaken for them or it;
(b)a representation of the Royal crown or any of the Royal flags;
(c)a representation of Her Majesty or any member of the Royal family, or any colourable imitation thereof; or
(d)words, letters or devices likely to lead persons to think that the applicant either has or recently has had Royal patronage or authorisation;
unless it appears to the registrar that consent for such use has been given by or on behalf of Her Majesty or (as the case may be) the relevant member of the Royal family.
(2)A design shall be refused registration under this Act if it involves the use of—
(a)the national flag of the United Kingdom (commonly known as the Union Jack); or
(b)the flag of England, Wales, Scotland, Northern Ireland or the Isle of Man,
and it appears to the registrar that the use would be misleading or grossly offensive.
(3)A design shall be refused registration under this Act if it involves the use of—
(a)arms to which a person is entitled by virtue of a grant of arms by the Crown; or
(b)insignia so nearly resembling such arms as to be likely to be mistaken for them;
unless it appears to the registrar that consent for such use has been given by or on behalf of the person concerned and the use is not in any way contrary to the law of arms.
(4)A design shall be refused registration under this Act if it involves the use of a controlled representation within the meaning of the Olympic Symbol etc. (Protection) Act 1995 unless it appears to the registrar that—
(a)the application is made by the person for the time being appointed under section 1(2) of the Olympic Symbol etc. (Protection) Act 1995 (power of Secretary of State to appoint a person as the proprietor of the Olympics association right); or
(b)consent for such use has been given by or on behalf of the person mentioned in paragraph (a) above.]
Textual Amendments
F1Sch. A1 (paras. 1-5) inserted (9.12.2001) by S.I. 2001/3949, reg. 3 (with transitional provisions in regs. 10-14)