When registering a trademark, it's important to remember that our application may be rejected due to failure to meet various criteria. This situation most often occurs when our trademark lacks distinctive character, for example, when it describes the goods and services that will be provided under it. It's also possible that our trademark violates accepted principles of morality (in EU law terminology, "principles of morality"). EU law also uses the concept of "public policy." Therefore, trademarks that violate fundamental EU values such as human dignity, freedom, equality, and solidarity will be considered contrary to "public policy." This type of restriction may seem controversial, particularly due to the wide range of possible interpretations of these concepts. It's worth remembering, however, that the EU Office (EUIPO) and the Polish Patent Office "solely" decide whether a given mark can be registered as a trademark. Failure to refuse registration does not prevent further use of the mark in trade, making it difficult to speak of a restriction on freedom of expression. What is also important, the office's analysis focuses on the sign itself and does not concern the moral assessment of the conduct of the entity using the sign.
It's also worth examining specific examples of marks that were refused registration due to their inconsistency with good practice or public order, as well as those that were registered despite their controversial content. The "Bin Ladin" trademark was refused registration. This is not surprising, as consumers will associate it with the name of a well-known terrorist. The promotion of terrorism and individuals associated with it cannot be allowed. As the EUIPO itself emphasized, terrorist crimes violate public order and moral principles. The office also typically does not allow the registration of marks containing vulgar words, even if, in the applicant's opinion, the mark conveys a positive message. As indicated in the case of the "FK CANCER" mark, the word "FK" is not only a "slightly vulgar word" combined with the word "CANCER," but also offensive and indecent, at least for the English-speaking industry. Due to Hungarian law, registration of a trademark depicting the USSR coat of arms has become impossible. Among the marks that were registered despite certain negative connotations, one can point out the mark "DE PUTA MADRE", which, despite containing a vulgar word, is understood in its entirety in Spain as "very good".
As you can see, trademarks that violate accepted principles of morality can be quite diverse. Each case should be analyzed individually, and the applicant can argue with the trademark office using numerous arguments aimed at demonstrating that, even if a given trademark may be considered controversial, it does not violate accepted principles of morality or public order.
This alert is for informational purposes only and does not constitute legal advice.
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