When deciding to refuse a trademark, the target audience for the product is considered, along with the public’s sensitivity and tolerance. However, there’s also freedom of expression, so not everything can be refused.
In my view, this refusal was justified. This trademark for toys trivializes the seriousness of smoking. For children, it sends the message that smoking is normal, which clashes with EU public health policy. The trademark owner didn’t file a defense, so the mark was refused.
EU public health policy. The trademark owner didn’t file a defense, so the mark was refused.
In my opinion, EUIPO isn’t always consistent. The same mark was accepted for hoodies, even though kids wearing them could send the same message.
