Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
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FRIDAY, 13 JUNE 2014
Morality, sex and the Greek TM Office
Foodporn appears to be a trend. But foodporn trademarks are not a simple exercise. A recent Greek TM Office Examiner's decision rejected the trademark below (filed in Classes 25, 29, 30 and 43) on the ground of violation of established morals.
According to the Examiner, the word elements of the mark are common english words which will be understood by Greek consumers as referring to food and porn. In conjunction with the mark's imagery, the overall impression will be considered as referring to sexual acts and thus violates established morals. The reasoning appears a bit blunt and perhaps austere. Why should any reference to sex be ipso facto immoral? Then a large number of people working in the advertising industry would be out of job or in jail (or perhaps both). On the other hand, honestly, how is an Examiner to address the image of cows engaging in reproductive activities as part of a mark for restaurant services? In this blogger's opinion, the poor aesthetics of the mark applied for just made it to easy for the Examiner.
It is also interesting to note that there appears to be a French trademark registration for foodporn in relation to Class 35, 38 and 41 services.
Posted by: Nikos Prentoulis @ 10.12
Greece, Greek TM Office, food, porn, foodporn, sex, morality, absolute grounds for refusal,
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Submitted By: Alberto Bellan
13 June 2014 @ 12.11
Nikos: This. Is. Lovely.
Submitted By: Laetitia
13 June 2014 @ 13.26
Judging from my Greek friends'IG or Facebook, #foodporn might have "become customary in the current
language" for any foodstuff..
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