Je Suis OHIM
Written by Michael Coyle on 18 January 2015« Return to Reading Room
It follows news here http://www.lawdit.co.uk/reading-room/je-suis-charlie that too many idiots have sought to take advantage of last week's outrages by filing trade marks for 'Je Suis Charlie'.
OHIM issued a statement: "As a general rule, OHIM's policy is not to comment on any individual cases of trade mark or design applications either before examination or at any stage of the application and registration cycle. However, the IP issues surrounding the registration of the "Je suis Charlie" mark could be considered to be of overriding public interest. Therefore, according to OHIM's Guidelines for Examination on Community Trade Marks (Part B, Section 4), an application which consisted of or which contained the phrase "Je suis Charlie" would probably be subject to an objection under Article 7 (1) (f) of the Community Trade Mark Regulation, due to the fact that the registration of such a trade mark could be considered "contrary to public policy or to accepted principles of morality" and also on the basis of Artice 7(1)(b) as being devoid of distinctive character."
Problem for OHIM is that you have at least three months to pay the filing fee so there is no harm in filing rubbish trade marks as the only penalty for the time waster is non!
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