Tuesday, April 23 2024   \  Published by JD Supra.

EUIPO Implements Common Practice on Objectionable Trademarks

EUIPO Implements Common Practice on Objectionable Trademarks

On April 19, the European Union Intellectual Property Office (EUIPO) formally began implementation of Common Practice 14 (CP14) governing the agency’s treatment of applications of trademarks that are contrary to public policy or accepted principles of morality. The EUIPO’s common communication on CP14 seeks to establish a uniform understanding of the EU Trademark Directive’s prohibitions against registering such marks in light of increased numbers of trademark applications filed that have arguably triggered this statute.

Increase in Objectionable Trademark Applications Leads to Common Communication

Article 4(1)(f) of the EU’s Trademark Directive (TMD), which prohibits the registration of trademarks against public policy or accepted principles of morality, has received some guidance through EU case law. However, uncertainty in the relation of the public policy and morality provisions, as well as an increase in objectionable trademark applications following COVID-19 and other well-known tragic events, led EU policymakers to develop a common understanding for intellectual property offices in individual member states. Read more

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