Are there absolute grounds for refusing protection for a trademark application with the name of Russian President Putin because it is contrary to public morals? The European Union Intellectual Property Office (EUIPO) has commented on this and on the effects of a tragic geopolitical situation.
The EU trade mark applied for was “Put Putin In”. The trademark was applied for goods in class 25, in particular for clothing and headgear.
EUIPO: “PUT PUTIN In” is SITTENWIDRIGHT
The EUIPO rejected the application on 23.08.2023(automatically translated German version of the decision at DeepL), as it was of the opinion that there were absolute grounds for refusal.
Trademarks that offend common decency are excluded from registration. According to the EUIPO, this applies to trademarks that a reasonable, normally sensitive and tolerant consumer would find blasphemous, racist, discriminatory or offensive or that advertise drug use.
In English, the sign applied for means tointroducePutin or to imprison Putin.
The sign applied for is contrary to public morals because it attempts to capitalize on a tragic event, namely the military conflict in Ukraine. In doing so, it violates recognized moral principles.
This does not change even if some consumers could possibly perceive the sign as positive (e.g. in the sense that Putin is “locked up in prison”). The trademark was therefore rejected by the EUIPO for all goods applied for.
Conclusion
This case highlights the ethical considerations that can play a role in trademark law. Trademarks that attempt to capitalize on tragic or sensitive events may be considered an affront to public morals and therefore rejected. This is to prevent the misuse of events that cause suffering and tragedy and to ensure that the trademark system is not used to capitalize on such situations. However, the case also makes it clear that the question of immorality is by no means static, but is subject to constant change and that the assessment can also be influenced by events – such as the war in Ukraine in this case.
