Section 78

A trademark which consists of or contains the armorial bearings or any other state emblem of a Convention country which is protected under the Paris Convention or the TRIPS Agreement shall not be registered without the authorization of the competent authorities of that country.

A trademark which consists of or contains an official sign or hallmark adopted by a Convention country and indicating control and warranty shall not, where the sign or hallmark is protected under the Paris Convention or the TRIPS Agreement, be registered of the same, or a similar kind, as those in relation to which it indicates control and warranty, without the authorization of the competent authorities of the country concerned.

References to national flags and other state emblems, and official signs or hallmarks under this section, apply equally to anything which from a heraldic point of view imitates any such flag or other emblem, or sign or hallmark.

Nothing in this section prevents the registration of trademark on the application of a national of a country who is authorized to make use of a state emblem, or official sign or hallmark, of that country, notwithstanding that it is similar to that of another country.

Where by virtue of this section, the authorization of the competent authorities of a Convention country is or would be required for the registration of trademark, those authorities are entitled to restrain by injunction any use of the trademark in

Malaysia without their authorization.

Emblems, etc., of certain international intergovernmental organization under Article 6ter of Paris Convention