I went to see ‘Fack ju Göhte’ and I didn’t even get a lousy t-shirt

Abstract

... Picture this: you’re a teenager, and you and your friends go to the cinema. The film you see is a best-seller in your country, relating to people about the same age as you, studying literature in school. The film title has a humorous, albeit somewhat rude, title; however perhaps the title is the reason why you chose to see this particular movie. However, even though the title has been accepted by your national film regulation association, merchandise branded with the title of the film is not being made available. Why is that so? A trade mark application filed for the title of the film has been refused on the basis that the term is ‘contrary to accepted principles of morality’. Although the film makers could produce merchandise bearing the title of their film, if they cannot secure a trade mark registration for the branding, the commercial incentive to do so may be lost. How sensible is it that a term, publicly advertised as the title of a mainstream film, cannot be registered as a trade mark for use on related goods: the carton for the hot dog you ate while watching the movie, or the DVD for that movie, or the branded t-shirt? How can one regulatory body accept the term as a film title, yet another body refuses to register the term as a trade mark, stating that it is immoral?