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Obscene trademarks – law and advertising

Obscene trademarks – law and advertising

Everybody knows that the Benelux trademark authorities are very liberal as it comes to accepting trademarks. By law, they can refuse trademarks that are contrary to the public order or immoral, but this almost never happens. This seems convenient, but remember that these trademarks may be refused abroad. In Switzerland trademarks are easily refused on religious grounds and the EUIPO refuses trademarks containing the word F*CK. However problems can arise in the Netherlands as well, due to stricter rules regarding advertising.

Stiva filed a complaint against the commercial of Neuken (to f*ck) Likeur. The campaign contained texts like, “life is a matter of taking or being taken”, which in Dutch can be read as “life is a matter of f*cking or being f*cked”, or “when do you like Neuken (to f*ck) the most, before or after the act (accompanied by a picture of a lady in bed)?” The Advertising Code of Conduct Commission has confirmed that this campaign is contrary to good taste, because of the combination of the obscene name “Neuken” and obvious hints to sex. The advertiser is therefore recommended to stop using this campaign.

About Abcor

Abcor specializes in applying for trademark and design rights. We do this worldwide for both SMEs and international companies, but often everything starts with an initial Benelux application. Our aim is to relieve the client of all the worries, which is why we take care of all the steps, from initial advice on what to apply for and how, right through to registration.

In addition to applying for trademarks, we also manage portfolios for our clients. We ensure that trademarks are renewed on time, that the right organizations are paid (given the many fraudulent companies), and we support our clients on issues.

In addition, we are sparring partners for our customers on new products and how to shape and claim new ideas.

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Newsletter: Abcor ABC Magazine

Een korte introductie tekst over de nieuwsbrief waarin je uitlegt wat het is. Hoe je direct de nieuwste editie kunt lezen en hoe je je kunt abonneren. And click here for all the numbers.

Among others in this issue:
• EUIPO vs Mora TV: weigering geluidsmerk
• Jägermeister vs Alte Heiler: stop Russische copycat
• Stichting Nederlandse Top 40: gericht op Benelux?
• Tijdschrift HART vs Hermitage: soortgelijkheid
• Monique Granneman: nieuwe partner Abcor

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