Cap. 597 Art. 128Emblems, etc., of certain international organisations: Article 6ter.

(1) This article applies to the armorial bearing, flags or other emblems, and the names and their abbreviations, of international intergovernmental organisations of which one or more Convention countries are members.

(2) A trademark which consists of or contains any such emblem, abbreviation or name which is protected under the Paris Convention shall not be registered without the authorisation of the international organisation concerned, unless it appears to the Comptroller that the use of the emblem, abbreviation or name in the manner proposed -

(a) is not such as suggests to the public that a connection exists between the organisation and the trademark; or

(b) is not likely to mislead the public as to the existence of a connection between the user and the organisation.

(3) The provisions of this article relative to emblems of an international organisation apply equally to anything which from a heraldic point of view imitates any such emblem.

(4) Where by virtue of this article the authorisation of an international organisation is or would be required for the registration of a trademark, that organisation is entitled to restrain any use of the mark in Malta without its authorisation.

(5) Nothing in this article affects the right of a person whose bona use of the trademark in question began before 1st January 2000. fide