Figurative trademark registration in European Union: Sarcastic mark "NOT MADE IN CHINA" refused in EU

10/1/2013 | In 2006 the figurative mark "NOT MADE IN CHINA" was filed for a trademark registration at The Trade Marks and Designs Registration Office of the European Union (OHIM). The OHIM refused this mark because the nature of the trademark would go against the principle of public morality. The applicant appealed. However, OHIM's board of appeal did not touch the element of public morality but rather refused the mark based on its descriptive nature. The Board decided that the mark is descriptive because "not made from China" is a description of the origin of the product.

Source : http://oami.europa.eu/LegalDocs/BoA/2006/en/R1454_2006-4.pdf

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