LONDON — A strong and memorable trademark can mean the difference between success and failure for a business — and Jeberaj Kenneth was sure he’d come up with a name that would capture the imaginations of his European customers-to-be. The Office of Harmonisation in the Internal Market’s (OHIM) Grand Board of Appeal disagreed, however.Kenneth hoped to pursue his fortunes by making “screw you” a regular part of a consumer’s vocabulary with his Screw You products. Unfortunately, after registering for the right to use the phase professionally in association with an assortment of European distributed items ranging from sunglasses to breast pumps, his brilliant plan was legally pronounced offensive and profane.
Not satisfied with OHIM’s earlier decision, Kenneth had pursued the matter to the Grand Board of Appeals, insisting that “screw you” is not as offensive as the previous decision claimed.
His initial application had been turned aside because the phrase was determined to be out of compliance with a section of the Community Trade Mark Regulation that forbids marks that violate “accepted principles of morality.” The examiner that evaluated Kenney’s proposed mark concluded that the word “screw” was as insulting to the average person as the word “fuck.” Kenney disagreed.
In defense of his claim, Kenney pointed out that the phrase “screw you” appears in mainstream, accepted English use, including such popular entertainment at Eastenders and The Simpsons.
The board agreed with Kenney’s basic thesis and conceded that public swearing was more common and acceptable today than it had been 30 years prior, but disagreed with him that such a situation constituted an appropriate social environment for the “Screw You” trademark in a commercial capacity… except within the adult industry.
Although the Grand Board was unwilling to allow the trademark to be used for eyeglasses cases, or sporting equipment, it concluded that it could be used for items available in a sex shop, such as sex toys, artificial breasts, and even condoms available outside of such a retail location.
The board ruled, however, that there were some contexts in which the profanity would not present a problem. The trademark would be permitted in relation to the goods proposed by Kenneth that would be sold in sex shops, such as sex toys, artificial breasts and breast pumps. It reversed protection of the “Screw You” trademark in relation to alcoholic beverages, a right which had previously been granted.
