Oh Yuck! The Registration of Scandalous Trade Marks

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 Classification: K10, O34