MAGIC PUSSY – shocking or simply in poor taste?

From time to time, marks are refused because they are considered contrary to accepted principles of morality or public policy. The usual suspects tend to be the F word and its colorful relatives, but the real challenge is drawing the line between genuinely shocking and merely tasteless. Trademark law is not meant to operate as a general decency police.

When the mark MAGIC PUSSY is filed for coffee, the EUIPO refuses registration. The sign is seen as vulgar street slang for the female genitals and therefore contrary to accepted principles of morality, especially given that children may also encounter these products. The applicant argues that the sign simply refers to a cat and that MAGIC PUSSY is a fanciful, whimsical trademark name. On appeal, the Board stresses that a mark may only be refused on morality grounds where it clearly and seriously offends fundamental values. Bad taste alone is not enough. “Pussy” has several meanings, and there is no direct sexual link between coffee or chocolate and the term. The Board finds that the sign will not generally be viewed as seriously shocking. At most, it creates a double entendre or may be perceived as being in poor taste, which is not sufficient to deny trademark protection.

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

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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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