Section 7
Specially protected emblems etc.
(1)
A trade mark which consists of or contains —
(a)
a representation of the Emblem, Arms and Regalia of
Brunei Darussalam, including the Royal Arms, State Crest, the
Insignia of Royalty, armorial bearings and other insignia and emblems of Brunei Darussalam; or any device so closely resembling any of them as to be likely to be mistaken for them;
(b)
a representation of the Royal crowns, and His Majesty the
Sultan and Yang Di-Pertuan’s Standard or any other Royal flag, or any colourable imitation thereof;
(c)
a representation of His Majesty the Sultan and Yang
Di-Pertuan or any member of the Royal family, or any colourable imitation thereof;
(d)
any word, letter or device likely to lead persons to believe that the applicant either has or recently has had Royal patronage or authorisation; or
(e)
any name or thing which is a specified name or specified emblem as defined in section 2 of the Emblems and Names
(Prevention of Improper Use) Act (Chapter 94), or any colourable imitation thereof,
Trade Marks 18
shall not be registered, unless it appears to the Registrar that consent has been given by or on behalf of His Majesty the Sultan and Yang Di-Pertuan or, as the case may be, that member of the Royal family.
(2)
A trade mark which consists of or contains a representation of the national flag of Brunei Darussalam shall not be registered if it appears to the Registrar that the use of that trade mark would be misleading or grossly offensive.
(3)
A trade mark shall not be registered in the cases specified in section 55 or 56.
(4)
Provision may be made by rules prohibiting in such cases as may be prescribed the registration of a trade mark which consists of or contains —
(a)
arms which a person is authorised to use by virtue of a grant of arms by His Majesty the Sultan and Yang Di-Pertuan; or
(b)
insignia so closely resembling such arms as to be likely to be mistaken for them, unless it appears to the Registrar that consent has been given by or on behalf of that person. Where such a mark is registered, nothing in this Act shall be construed as authorising its use in any way contrary to any law relating to arms.