AVIS DE DROIT PROTECTION DES SIGNES NATIONAUX

ROYAUME-UNI
reconsideration by the Chancery Division of the High Court of Justice of England and Wales;
Companies Act 1985, subsec. 32(3).
Where the owner or manager of a business uses a business name containing protected words,
without having obtained permission to do so, he may be convicted of a criminal offence and
sentenced by a first instance criminal court; Business Names Act 1985, sec. 7.
(iii) Other Commercial Use of National Insignia
A person who applies a false trade description to goods or commits any other offence under
the Trade Descriptions Act 1968, or who makes unauthorised use of the names, uniforms or
badges of the organisations designated under the Chartered Associations (Protection of
Names and Uniforms) Act 1926, or of the terms by which their members are commonly
known, may be convicted and sentenced by a first instance criminal court.
Civil remedies for passing off may be imposed upon tortfeasors by the competent civil courts
of the United Kingdom.
b) Qui demande une intervention?
(i) National Insignia Used as Trademarks
No provision is made for the intervention of third parties in proceedings to decide applications
for the registration of national insignia as trade marks; the Registrar should himself consider
whether any protected insignia are involved. In relation to coats of arms held by virtue of a
royal grant, if the Registrar with the advice of the Garter King of Arms considers that an
application involves such arms, he always provides a representation of the arms and the name
of their holder to the applicant, who then has the onus of showing that the holder consents to
their use in a trade mark 298 .
If the point is overlooked at the registration stage, “any person” may apply to have the
registered trade mark declared invalid; Trade Marks Act 1994, subsec. 47(3). The application
may be made either to the Chancery Division of the High Court of Justice of England and
Wales or to the Trade Marks Registry, which has the power to refer proceedings to the Court
at any stage. If he feels that registration resulted from “bad faith” on behalf of the registered
proprietor, the Registrar may himself apply to the Court to have the registration declared
invalid; Trade Marks Act 1994, subsec. 47(4).
Specifically in relation to foreign national flags and notified State emblems, “the competent
authorities” of the relevant State Party to the Paris Convention are authorised to apply for an
injunction restraining any person from using the flag or emblem in the United Kingdom as
part of a registered or unregistered trade mark; Trade Marks Act 1994, subsec. 57(6).
298
Refer to Kitchin, D. et al, Kerly’s Law of Trade Marks and Trade Names (London, 14th ed. 2005), p.
221, para. 8-234.
191