|Nice photo of M. Sarkozy, who presumably is saying "If I |
can't lead la République, I can at least lead Les Républicains"
Several organizations and elected members of the left have, on Friday, May 15, filed a claim in court to urgently examine the legality of the use of the "Republicans" to replace the "Union for a Popular Movement" (UMP). This name change has been criticized on the left, as well as having caused some reservations on the right. The name change is desired by Nicolas Sarkozy and will be submitted to the vote of the party members on 28 and 29 May. The political bureau of the UMP had adopted the new name on 6 May almost unanimously. The claimants are of the opinion that "No portion of the people can claim the exclusive use of the concept of République". The request is filed by the group "We are Republicans." It is supported by the National Federation of Socialist and Republican elected people, the Republican and Citizens' Movement (MRC) of Jean-Pierre Chevènement and by socialist leaders Jean-Louis Bianco and Christian Sautter. It will be discussed by the Court of First Instance of Paris on May 22. The group considers that the use of that designation is "manifestly unlawful", according to Mr. Christophe Lèguevaques, denouncing a "violation of the Constitution and the 1883 Paris Convention for the Protection of Industrial Property, which regulates the use of trademarks and patents. Its request is filed against the UMP and the communications agency Aubert & Storch, who designed the logo. , "No part of the French people can claim exclusive use", of this name say the lawyers of the collective.
(1) (a) The countries of the Union agree to ... prohibit by appropriate measures the use, without authorization by the competent authorities, either as trademarks or as elements of trademarks, of armorial bearings, flags, and other State emblems, of the countries of the Union, official signs and hallmarks indicating control and warranty adopted by them, and any imitation from a heraldic point of view.
|French State emblem|
The objective of the provision under consideration [Art. 6ter 1(a)] is to exclude the registration and use of trademarks which are identical or present a certain similarity to State emblems. an expression which, in view of the word "other," includes armorial bearings and flags of the State concerned. The reasons for this are that such registration or use would violate the right of the State to control the use of symbols of its sovereignty and furthermore might mislead the public with respect to the origin of goods to which such marks would be applied. It was the intention of the Revision Conference of The Hague in 1925 to include also in the protection of State emblems the escutcheons of reigning Houses, as well as emblems of States included in a Federation which was a member of the Union. Not included, however, are emblems of lower public bodies, such as provinces or municipalities, of member States. Whether in these conditions an emblem is a State emblem will be determined by the authorities of the country in which its protection is claimed.
(1) The countries of the Union undertake ... at the request of an interested party, ... to prohibit the use, of a trademark which constitutes a reproduction, an imitation, or a translation, liable to create confusion, of a mark considered by the competent authority of the country of registration or use to be well known in that country as being already the mark of a person entitled to the benefits of this Convention and used for identical or similar goods. These provisions shall also apply when the essential part of the mark constitutes a reproduction of any such well-known mark or an imitation liable to create confusion therewith.