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CJEU rules on absolute ground concerning marks contrary to accepted principles of morality

2020; Oxford University Press; Linguagem: Inglês

10.1093/jiplp/jpaa043

1747-1540

Łukasz Żelechowski,

Intellectual Property Law

Court of Justice of the European Union, Case C-240/18 P, Constantin Film Produktion GmbH v EUIPO, EU:C:2020:118, 27 February 2020 The Court of Justice of the European Union considered that the sign ‘Fack Ju Göhte’ would not be contrary to accepted principles of morality under Article 7(1)(f) of the Regulation 2017/1001, thus setting aside the earlier judgment of the General Court and simultaneously annulling the decision of the Fifth Board of Appeal of the EUIPO. Article 7(1)(f) of the European Union Trade Mark Regulation 2017/1001 (EUTMR) prohibits the registration of signs which are contrary to public policy or accepted principles of morality. A corresponding ground is set forth in Article 4(1)(f) of the Trade Mark Directive 2015/2436 (TMD). The application of this ground leaves considerable room for judicial appreciation. The Court of Justice of the European Union (CJEU) judgment in Constantin Film Production purports to shed more light...