Public policy and morality in trade marks: Gauging badness
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Trade marks that shock are attractive to business, particularly when targeting a younger public. Yet that attractiveness can be antagonistic to the EUIPO’s task of preventing trade mark registration of signs that offend societal norms, principles and values.
So just how reprehensible can a sign be before it will be denied registration at the EUIPO?
With on-going efforts for convergence in this area being made in the context of CP 14, the subject generates considerable interest and debate.
This webinar will discuss and help practitioners understand the mechanisms and standards used to assess trade marks objected to on the ground of public policy or accepted principles of morality.
Special consideration will be given to:
- Differences and overlaps between public policy and accepted principles of morality;
- Bad taste;
- Relevant date of the assessment;
- Relationship of the goods and services to the sign and the relevant public;
- Determination of reliable and objective sources for ascertaining relevant public policy
- Identification of applicable fundamental moral values and standards
- Freedom of expression
- Case law examples pertaining to signs violating public policy or accepted principles of morality (including illicit substances, religious nexus, vulgar, obscene or sexually charged signs, criminal activities, racist and disparaging signs or ones that refer to totalitarian regimes, well-known tragic events, and personalities or symbols held in high esteem).
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