Trademark COVIDIOT
The Grand Board of the European Union Intellectual Property Office (EUIPO) finally ruled that the figurative sign ‘COVIDIOT’ cannot be registered as an EU trademark.
Two reasons for rejection are absolute, due to its contrariety to public policy or to accepted principles of morality (Article 7(1)(f) EUTMR) and lack of distinctiveness (7(1)(b) EUTMR). The Grand Board emphasised that: “the most important issue is the trivialisation of the pandemic by the trade mark applied for. The trade mark applied for ridicules, in a commercial context, one of the deadliest and most destructive pandemics and thereby trivialises a well-known tragedy.” And they also considered that: “COVIDIOT is understood only as a general reference to individuals who behave in an idiotic way in the context of the COVID pandemic and not as a term indicating an undertaking.”
The decision emphasized the importance of considering fundamental rights, such as freedom of expression, when assessing trademark registrations. This decision also provides valuable guidance on applying criteria for refusing trademark registrations based on public policy and morality grounds.
The Grand Board of the European Union Intellectual Property Office (EUIPO) finally ruled that the figurative sign ‘COVIDIOT’ cannot be registered as an EU trademark.
The 4th Open Knowledge Day took place on Tuesday 17 October 2023, with an accompanying workshop on 18 October 2023. This year it was organised by the Open Data and Intellectual Property Institute (ODIPI) and supported by Knowledge Rights 21 (KR21).
We invite you to the fourth Open Knowledge Day and the workshop, which will take place this year within the framework of the programme and with the support of Knowledge Rights 21. The event will bring together experts from different European countries to discuss two topics: the first part will deal with the legal basis for data analytics, which is a key part of machine learning and related artificial intelligence, and the general exception for research. In the second part, open science in theory and practice will be presented both in Slovenia and in some Western Balkan countries. Representatives of research and educational institutions from Slovenia and the Western Balkan countries, as well as interested members of the public, are invited to attend.
Dr. Maja Bogataj Jančič, a renowned expert in copyright law, has joined the Berkman Klein Center for Internet & Society at Harvard University, where she will serve as an affiliate researcher for the next two years.