Moral Bars on Trade Mark Registration

Abstract

This thesis considers the arguments for and against moral bars on trade mark registration and examines some important cases in the United Kingdom and before the European Union Intellectual Property Office (EUIPO). Chapter 1 highlights some of the important milestones in the development of modern trade mark law and emphasises the important role international trade has played in both the motivations for, and development of, the modern trade mark regime. Chapter 2 examines the arguments for and against moral bars with a particular emphasis on the European perspective. Chapter 3 illustrates how it has been primarily through case law that the tests for registrability have been developed. It identifies the most important cases in the United Kingdom and before the EUIPO. Chapter 4 illustrates how different considerations may take precedence when assessing marks depending on the kind of offence they may cause. The author proposes a taxonomy of offensive marks and analyses each kind of mark using case law, primarily from the EUIPO. Chapter 5 draws some conclusions based on this taxonomy and proposes some modifications to the current European trade mark regime. Appendix I presents the author's compilation of relevant extracts from the legislation of World Intellectual Property Organisation (WIPO)members.