Brexit: is it offensive is extracted from an article by Ilse du Plessis gave e insight from a recent email I received from ENS Africa. So thank you ENS.
The issue of offensive trademarks has been in the news quite a bit of late. Now, the European trade mark authorities have considered whether Brexit, the term used to describe the UK’s departure from the European Union, is a trademark that might offend.
It might seem like an unlikely trademark, but clearly, some people think that Brexit works as an indicator of commercial origin. When a company filed an application to register an EU trademark for Brexit in respect of a range of products, including non-alcoholic drinks, beers and electronic cigarettes, two objections were raised. One was that Brexit isn’t distinctive. The other was that Brexit offends public order or morality.
The non-distinctiveness objection did not cause any major difficulties, with the Board of Appeal (“BOA”) holding that as the word isn’t laudatory and, as it’s seemingly a combination of the words “Britain” and “exit”, it passes the distinctiveness test. The BOA said that it creates a “striking and surprising impression on the consumer”.
The second objection was more difficult… To read more click on this link: BREXIT
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