TRADEMARK | EUIPO rejects application for EU trademark “COVIDIOT”

On 16 May 2024, the Grand Board of Appeal of the EUIPO issued a decision in Case R 260/2021-G, refusing registration for the EU trademark application “COVIDIOT”, deeming it contrary to public policy and/or to accepted principles of morality. The Grand Board deemed that (a) the relevant public for the application would perceive the word “COVIDIOT” as a derogatory expression referring to a category of people during the Covid-19 pandemic; (b) said expression would likely be seriously abusive and/or cause deep offence to the relevant public; (c) the time of assessment is the time of filing of the trademark in August 2020, during the initial part of the pandemic; (d) the refusal of the application is a lawful limitation of the applicant’s freedom of expression, in that it is necessary and proportionate.

Newsletter n. 98 – July 2024