Abstract

Footnotes (29)

Beta

Download | Share | Email | Add to Briefcase | Buy Hard Copy

Oh Yuck! The Registration of Scandalous Trade Marks

Patricia Louise Loughlan
University of Sydney - Faculty of Law

Sydney Law School Research Paper No. 06/40
Intellectual Property Forum, Vol. 61, pp. 38-42, June 2005

Abstract:
Since trade marks can be and increasingly are compulsory viewing, the fact that they may be deeply offensive to certain persons or groups is a problem which the law should address or which should at least be a subject of public debate. Think of FCUK, Washington Redskins, Dykes on Bykes, Black Tail - all of which have been registered. Trade mark legislation does potentially restrict the registration of such marks, but the relevant provision is little used and is, in its looseness, highly uncertain of application. The current Trade Mark Office test of what the 'ordinary person' would think is unsatisfactory. This article explores some of the reasons for the increasing use of potentially offensive trade marks and considers how the legislation could be improved.

Keywords: Trade Marks, Registration, Scandalous Marks

JEL Classifications: K10, O34

Accepted Paper Series

Date posted: October 25, 2006 ; Last revised: December 11, 2006

Suggested Citation

Loughlan, Patricia Louise, Oh Yuck! The Registration of Scandalous Trade Marks. Sydney Law School Research Paper No. 06/40; Intellectual Property Forum, Vol. 61, pp. 38-42, June 2005. Available at SSRN: http://ssrn.com/abstract=939948

Export to: Export Citation What's this?

Contact Information

Patricia Louise Loughlan (Contact Author)

University of Sydney - Faculty of Law ( email )

Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia