Rejection of Trade Marks on Moral Grounds: What You Need to Know

In June 2024, the European Union Intellectual Property Office (EUIPO) rejected a trade mark application for tobacco products and electronic cigarettes on the grounds of morality. The application involved the term “Mary Jane,” which, while evoking images of shoes to some, is commonly recognised as slang for marijuana. This decision sheds light on how trade marks can be rejected if they are deemed to violate moral principles, even if only in certain parts of the European Union.

What Does “Morality” Have to Do with Trade Marks?

Trade marks can be refused registration if they are found to be against public policy or morality. According to Article 7 of the EU Trade Mark Regulation (EUTMR), a trade mark cannot be registered if it contradicts accepted principles of morality. But how is this determined? The decision is based on whether the trade mark is perceived by the relevant public as being incompatible with societal values at the time of the application.

The tricky part is that these values are not uniform across the EU—or even within individual countries. Moral standards evolve over time and vary greatly depending on cultural, religious, and social contexts. What might be perfectly acceptable in one country could be considered offensive or inappropriate in another.

Even if a trade mark only violates moral standards in a small part of the EU, such as a specific region or country, it can still be refused under Article 7(2).  This is significant because it means that a trade mark doesn’t have to offend the entire EU population to be refused. If it is deemed immoral in just one part of the Union, it can be a rejected trade mark.

A Recent Example: The “Mary Jane” Case

In the case of the rejected “Mary Jane” trade mark, the EUIPO determined that the term would be understood by the English-speaking public as an allusion to marijuana. Given that the term is widely used as slang for cannabis, the EUIPO concluded that registering it for tobacco and electronic cigarette products could violate moral principles.

Interestingly, the decision was not based on laws regarding cannabis use, which differ across EU countries. Rather, it was grounded in the idea that the term “Mary Jane” could be perceived as promoting or glorifying drug use. Even though some European nations have become more relaxed about marijuana laws, the promotion of drug use remains a sensitive issue in many parts of the EU.

Understanding Moral Standards in Trade Marks

Moral standards are not fixed. They shift over time and vary between cultures. For trade mark applicants, this presents a unique challenge. A brand name or logo that is perfectly acceptable in one country could be seen as offensive or inappropriate in another. For example, terms with religious connotations may be viewed differently depending on the audience.

Trade marks involving slang, taboo topics, or culturally sensitive issues are particularly vulnerable to rejection. For example, names that could be associated with illegal drugs, offensive language, or certain religious symbols may be subject to moral scrutiny.

Canadian example of rejected trade mark

A trade mark application for “Hallelujah” in relation to women’s clothing was refused due to the overwhelming religious significance of the term. The court argued that, given its deep connection to Christian worship, the use of “Hallelujah” in a commercial context could offend the moral sensibilities of a significant portion of the public. This decision reflects Canada’s more cautious approach to religiously charged trade marks, where the sensitivities of the public play a central role in determining whether a mark can be registered.

The refusal illustrates how cultural and moral standards influence trade mark law, particularly when religious or sacred terms are involved. While Canadian law recognises the evolving nature of societal norms, it remains protective of religious values in some contexts. This approach contrasts with other jurisdictions, such as the U.S., where free speech protections have led to the registration of more provocative marks. The “Hallelujah” case serves as a reminder that trade mark applicants must be mindful of cultural sensitivities, particularly when using terms that carry strong moral or religious connotations.

Lessons for UK Businesses

For businesses in the UK, this highlights the importance of considering cultural and moral differences when applying for a trade mark—especially if you’re seeking protection across the EU or even worldwide. Even if your trade mark seems harmless in the UK, it could be interpreted very differently in other countries.

Before submitting a trade mark application, it’s crucial to research how the term or design could be perceived in all relevant markets. This can help prevent costly rejections and delays in securing trade mark protection.

Next Steps: Protecting Your Trade Mark

At National Business Register, we specialise in helping businesses navigate the complexities of trade mark registration. Whether you’re looking to register a trade mark in the UK or across the globe, our experts can guide you through the process and help you avoid potential pitfalls like moral grounds for refusal.

Do you have a brand name or logo you want to protect? Contact us today to ensure your trade mark application meets all the necessary criteria by emailing info@nbrg.co.uk or calling 0800 069 9090.