The 'public policy or accepted principles of morality'-exclusion in EU trade mark law and practice

BMM Bulletin 2021-3, p. 104-110, Lene Coenen and Arne Weemaes: ''Various commercial companies have been and are increasingly using aggressive marketing strategies to attract customers. Indeed, rather edgy and controversial trade marks might make the sign more memorable, more discussed, and accordingly more appealing and valuable to its customers. However, attempts at registering such controversial trade marks are likely to encounter legislative hurdles. In this respect, the European Union Trade Mark Regulation ('EUTMR') contains a provision excluding signs that are contrary to 'public policy' or 'accepted principles of morality' from trade mark protection. Last year, the Court of Justice of the European Union ('CJEU') rendered its first judgment considering this EUTMR-provision. New corona-virus related trade mark applications were also facing a public policy and morality-barrier. due to these recent developments in the public policy and morality real, the absolute ground for refusal prescribed in Article 7(1)(f) of the EUTMR deserves some new attention. 

The article commences in Section I with the theoretical framework of Article 7(1)(f) of the EUTMR. Subsequently, Section II translates the substantial body of decisions refusing trade marks that are contrary to public policy or accepted principles of morality in a proposed categorization. The last section briefly adds a fundamental rights perspective and considers the impact of the fundamental right to freedom of expression on the ground for refusal at hand.''