Brands, Morality and Public Policy: Some Reflections on the Ban on Registration of Controversial Trademarks

24 Pages Posted: 1 Apr 2015

See all articles by Enrico Bonadio

Enrico Bonadio

City University London - The City Law School

Date Written: March 1, 2015

Abstract

Commercial enterprises in several industries are increasingly using aggressive marketing strategies to attract and keep customers. Amongst these strategies, the choice of the “right” brand is obviously key — and trademarks are sometimes chosen that aim at shocking existing and potential customers, especially youngsters.

Yet, attempts to register controversial trademarks are likely to encounter legislative obstacles. Indeed, several international, regional, and national legislations prohibit the registration of scandalous trademarks and, in general, signs that are against morality and public policy.

The paper delves into thorny issues surrounding the registration of these trademarks in several jurisdictions including the United States, United Kingdom, European Union, and Australia. It argues, in particular, that the bans on registration of such signs are necessary to push brands out of the market that offend the most basic values of our society and the rights of vulnerable groups. This is true even if the prohibition in question does not actually prevent traders from using the unregistered, immoral, or scandalous sign: the ban at issue is indeed still capable of discouraging its use.

The article also highlights the relationship between the ban in question and legislation that protects commercial free speech.

Keywords: Trademarks, morality, order public, commercial free speech

Suggested Citation

Bonadio, Enrico, Brands, Morality and Public Policy: Some Reflections on the Ban on Registration of Controversial Trademarks (March 1, 2015). Marquette Intellectual Property Law Review, Vol 19, No 1, 2015, Available at SSRN: https://ssrn.com/abstract=2587791

Enrico Bonadio (Contact Author)

City University London - The City Law School ( email )

London, EC1V OHB
United Kingdom

HOME PAGE: http://www.city.ac.uk/law/

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