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Therefore, under EU law, article 7(1)(h) EUTMR will not apply since it is based on article 6ter PC, allowing, in theory, the registration of the Pride colours. However, an agreement of this kind seems unlikely to happen as some WIPO Member states criminalise same-sex relationships sanctioning them from incarceration to death penalty (see the ILGA report). This may be possible by signing an agreement in the same way in which, for example, the International Olympic Committee obtained protection for the Olympic symbol in 1981 (see the Treaty here). Although the Pride emblem is not protected as a flag or heraldic symbol among those listed in the WIPO database, LGBT organisations, as the ILGA or the ILGA-Europe, could ask for protection of the rainbow flag. Leaving aside these considerations and taking into account the meaning that the rainbow flag has acquired over the years, article 6ter of the Paris Convention (PC) excludes from trade mark registration “any imitation from a heraldic point of view” 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”. Furthermore, in order to comply with article 7(1)(a) EUTMR, the EUIPO requires a “reproduction of the colour combination that shows the systematic arrangement of the colour combination in a uniform and predetermined manner” in accordance with the CJEU finding that the “mere juxtaposition of two or more colours, without shape or contours, or a reference to two or more colours ‘in every conceivable form’, does not exhibit the qualities standards of precision and uniformity ” (see here and a recent Katposton the application of this principle). the subject matter of protection must be represented in a clear, precise, self-contained, easily accessible, intelligible, durable and objective manner). Under the EU legal framework and case law of the Court of Justice of the European Union (CJEU), a colour combination is registrable as a trade mark if the subject matter of protection is represented in a clear and precise manner (article 4(b) EUTMR), in line with the requirements set out by the CJEU in the Sieckmann decision (i.e.