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Decision to refuse the trademark Fucking Freezing! confirmed by Board of Appeal

OHIM has refused the device Trademark Fucking Freezing! because it is an expression contrary to public policy and principles of morality. The applicant filed an appeal against this decision and argued that “fucking” nowadays is a common way of intensifying an adjective meaning ‘very’ or ‘particularly’.

“It should also be pointed out that refusing to enter a sign in the register cannot breach anyone’s fundamental right of free speech. The refusal to register only means that the sign is not accorded protection under trade mark law, it does not stop the sign being used – even in business. Moreover, the Board noted that the l anguage and the concept of acceptable principles of morality are constantly changing. Whether language and morals adapt to society or society gradually adapts to language and morals can remain an open question. The fact is that words or actions that are contrary to acceptable principles of morality could be morally acceptable tomorrow. However, such changes do not have to be promoted by trade mark law.

Consequently, the appeal was dismissed.” (ref: OHIM)

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