Offensive trademarks

© Hasbro Games

Trademarks must meet certain criteria to be accepted by trademark authorities.

One of these criteria is that a trademark must not be contrary to public order or principles of morality. Trademarks that are racist, offensive, or unacceptable for any other reason will be refused.

This is a broad standard, often shaped by cultural differences. For example, trademarks featuring the word "FUCK" are accepted in the Benelux but are prohibited by the European Trademarks Office (EUIPO). Similarly, the EUIPO does not allow for trademarks containing the word "MAFFIA", and the Benelux office intervened with the trademark "WHITE ONLY" for a nightclub. Although it turned out that the trademark referred to a club for people wearing white clothing, the name could also be interpreted in a different, more controversial way.

That this ground still leads to refusals is shown by the recent refusal of the European trademark for 'HOUSE OF CUNT' concerning entertainment services. According to the European trademark office, "HOUSE OF CUNT" translates to "house of assholes" and the word "cunt" is considered very crude and offensive. The challenge with this refusal ground is its subjectivity—what one person finds offensive, another might shrug off.

Even the European trademark office does not seem to apply a consistent approach. Take for instance the trademark "ARSCHMALLOWS" (marketed as ‘Germany’s favorite marshmallow butt game’), which got approved. Not all ‘offensive’ trademarks are the same, it seems!

Author: Arnaud Bos

Bio: Arnaud is trademark attorney and within Knijff responsible for the marketing & communication. Arnaud is specialist in the metaverse and music sectors and his client portfolio includes many upcoming and renowned bands. He keeps a close eye on the latest case law in the EU and will let you know when he sees remarkable applications.