- Public policy and accepted principles of morality are distinct, says AG (Constantin Film Produktion GmbH v EUIPO)
- What are the practical implications of this case?
- What was the background?
- What did the AG opine?
- Case details
IP analysis: The Advocate General has opined upon the legal test for determining whether a trade mark application should be rejected on the grounds that it is contrary to ‘public policy’ or ‘accepted principles of morality.’ In the first clarification of this kind, the AG opined that the two concepts are distinct—the first being objective, and the second being based around case-specific evidence to ascertain how the relevant public would react to a mark. The AG recommended that the appeal should be allowed in the substantive proceedings, which concern an application to register the word sign ‘Fack Ju Göhte.’
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