CLASS 46
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WEDNESDAY, 14 JANUARY 2015
"Je suis Charlie" applications: what should be done?
Tags: Je Suis Charlie, trade mark applications,
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"Je suis Charlie" applications: what should be done?
The following has been posted on the MARQUES LinkedIn discussion group
In light of the events of the past week it is hardly necessary to explain the words "Je suis Charlie". This phrase has however been the subject of speculative trade mark applications in many countries from applicants who have nothing to do with the phrase itself or the circumstances in which it was adopted as a battle-cry in favour of freedom of expression.
Looking at the trade mark laws of many countries in Europe and beyond, it is difficult to identify a cogent ground upon which such applications for registration can be refused. However, there is a widely-held feeling that these applications are in very bad taste and should not have been made in the first place. What do MARQUES LinkedIn Group members think about this?
If you would like to participate in this discussion, please remember that the MARQUES LinkedIn Group is a moderated group and that comments which are offensive, defamatory or, above all, irrelevant to the subject at hand, will not be puiblished.
Posted by: Blog Administrator @ 22.43Tags: Je Suis Charlie, trade mark applications,
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Reader Comments: 8
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Submitted By: anonymous
15 January 2015 @ 10.02
Je suis Charlie is associated with Charlie Hebdo. Therefore it should be possible for Charlie Hebdo to register it and use it for, if they wish, merchandising articles. Applications by third parties are deceiptive as to the origin and control over the product labelled with this sign.
15 January 2015 @ 10.02
Je suis Charlie is associated with Charlie Hebdo. Therefore it should be possible for Charlie Hebdo to register it and use it for, if they wish, merchandising articles. Applications by third parties are deceiptive as to the origin and control over the product labelled with this sign.
Submitted By: Binka Kirova and Albena Drenska
15 January 2015 @ 10.06
Making search in TMVIEW there were founded the following two applications for registration of trade marks. Benelux application for 3, 16, 25, 28, 32 classes /current status - application is withdrawn/ . Applicant is individual person. US application for 35 class / Promoting charitable giving that reflects the core values of the donor by providing a method to identify the donor's core values and to select charities that foster those values/. Applicant for a US is legal entity. We think no reason US application to be refused because obviously good faith. We consider that “Je suis Charlie” couldn’t be accepted in respect of some goods /for example for T-shirts, hats, brochures…/, because of laps of distinctive /for these goods the expression would be received as a slogan, not as a sign/.
15 January 2015 @ 10.06
Making search in TMVIEW there were founded the following two applications for registration of trade marks. Benelux application for 3, 16, 25, 28, 32 classes /current status - application is withdrawn/ . Applicant is individual person. US application for 35 class / Promoting charitable giving that reflects the core values of the donor by providing a method to identify the donor's core values and to select charities that foster those values/. Applicant for a US is legal entity. We think no reason US application to be refused because obviously good faith. We consider that “Je suis Charlie” couldn’t be accepted in respect of some goods /for example for T-shirts, hats, brochures…/, because of laps of distinctive /for these goods the expression would be received as a slogan, not as a sign/.
Submitted By: Rogier Goos
15 January 2015 @ 11.03
Applications for Je suis Charlie can simply be refused on the grounds of a lack of distinctive character. Consumers will indeed no longer see the sign as a reference to the commercial origin of the concerned products and thus not consider it as a trademark. This is at least the reasoning the Benelux Office would have applied. Same reasoning why for instance ANNE FRANK has been refused registration in the Benelux.
15 January 2015 @ 11.03
Applications for Je suis Charlie can simply be refused on the grounds of a lack of distinctive character. Consumers will indeed no longer see the sign as a reference to the commercial origin of the concerned products and thus not consider it as a trademark. This is at least the reasoning the Benelux Office would have applied. Same reasoning why for instance ANNE FRANK has been refused registration in the Benelux.
Submitted By: Oliver Löffel
15 January 2015 @ 11.09
Under Article 7(1)(b) of Regulation EU No 40/94, trade marks which are devoid of any distinctive character are not to be registered. A mark consisting of a slogan must be regarded as devoid of distinctive character if it is liable to be perceived by the relevant public as a mere promotional formula. Such a mark must be recognised as distinctive, if, apart from its promotional function, it may be perceived immediately as an indication of the commercial origin of the goods or services in question (see judgment of 25 March 2014 in Case T 291/12 T 22/12 Passion to Perform, paragraph 21). The slogan “je suis Charlie” will not be perceived by the relevant public as an indication of the commercial origin of the goods and services covered by a mark but worldwide as a mere slogan which stands for freedom of the press, freedom of speech and against against the attacks (see Wikipedia “Charlie Hebdo shooting”).
15 January 2015 @ 11.09
Under Article 7(1)(b) of Regulation EU No 40/94, trade marks which are devoid of any distinctive character are not to be registered. A mark consisting of a slogan must be regarded as devoid of distinctive character if it is liable to be perceived by the relevant public as a mere promotional formula. Such a mark must be recognised as distinctive, if, apart from its promotional function, it may be perceived immediately as an indication of the commercial origin of the goods or services in question (see judgment of 25 March 2014 in Case T 291/12 T 22/12 Passion to Perform, paragraph 21). The slogan “je suis Charlie” will not be perceived by the relevant public as an indication of the commercial origin of the goods and services covered by a mark but worldwide as a mere slogan which stands for freedom of the press, freedom of speech and against against the attacks (see Wikipedia “Charlie Hebdo shooting”).
Submitted By: Anthonia
15 January 2015 @ 11.14
According to internet sources (such as http://www.huffingtonpost.co.uk/2015/01/14/je-suis-charlie-trademark_n_6469244.html), the French Trademark Office INPI has refused over 50 applications for the slogan "Je suis Charlie" for lack of distinctivness. While of course, the underlying reasons will have been of a moral / socio-political nature, and rightly so.
15 January 2015 @ 11.14
According to internet sources (such as http://www.huffingtonpost.co.uk/2015/01/14/je-suis-charlie-trademark_n_6469244.html), the French Trademark Office INPI has refused over 50 applications for the slogan "Je suis Charlie" for lack of distinctivness. While of course, the underlying reasons will have been of a moral / socio-political nature, and rightly so.
Submitted By: Nikos Prentoulis
16 January 2015 @ 12.02
Though lack of distinctiveness would most probably be good enough a reason to reject such TM application, one would wonder whether TM Offices should take a tougher, moral, stand against them, relying, where applicable, also on violation of established morals and/or legal order integrity to throw them out. Moral considerations (not personal ones but those forming shared community values) inform the interpretation of relevant absolute grounds for refusal. It may not be a clear cut discussion and certainly more difficult than lack of distinctiveness, but it could be worth the while.
16 January 2015 @ 12.02
Though lack of distinctiveness would most probably be good enough a reason to reject such TM application, one would wonder whether TM Offices should take a tougher, moral, stand against them, relying, where applicable, also on violation of established morals and/or legal order integrity to throw them out. Moral considerations (not personal ones but those forming shared community values) inform the interpretation of relevant absolute grounds for refusal. It may not be a clear cut discussion and certainly more difficult than lack of distinctiveness, but it could be worth the while.
Submitted By: Oliver Löffel
16 January 2015 @ 20.19
OHIM issued the following information today, January 16: "... an application which consisted of or which contained the phrase "Je suis Charlie" would probably be subject to an objection under Article 7 (1) (f) of the Community Trade Mark Regulation, due to the fact that the registration of such a trade mark could be considered "contrary to public policy or to accepted principles of morality" and also on the basis of Artice 7(1)(b) as being devoid of distinctive character." https://oami.europa.eu/ohimportal/de/news?p_p_id=csnews_WAR_csnewsportlet&p_p_lifecycle=0&p_p_state=normal&p_p_mode=view&p_p_col_id=column-1&p_p_col_pos=1&p_p_col_count=3&journalId=1787585&journalRelatedId=manual/
16 January 2015 @ 20.19
OHIM issued the following information today, January 16: "... an application which consisted of or which contained the phrase "Je suis Charlie" would probably be subject to an objection under Article 7 (1) (f) of the Community Trade Mark Regulation, due to the fact that the registration of such a trade mark could be considered "contrary to public policy or to accepted principles of morality" and also on the basis of Artice 7(1)(b) as being devoid of distinctive character." https://oami.europa.eu/ohimportal/de/news?p_p_id=csnews_WAR_csnewsportlet&p_p_lifecycle=0&p_p_state=normal&p_p_mode=view&p_p_col_id=column-1&p_p_col_pos=1&p_p_col_count=3&journalId=1787585&journalRelatedId=manual/
Submitted By: Sally Cooper
18 January 2015 @ 09.16
Application 012839486 for MH370 filed at OHIM in May 2014 is still "Application under examination".
18 January 2015 @ 09.16
Application 012839486 for MH370 filed at OHIM in May 2014 is still "Application under examination".
MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.
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