Journal Article

Stalinskaya: the uneasy case of offensive trade mark registration

Marcin Ożóg

in Journal of Intellectual Property Law & Practice

Volume 4, issue 5, pages 360-364
Published in print May 2009 | ISSN: 1747-1532
Published online March 2009 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpp026
Stalinskaya: the uneasy case of offensive trade mark registration

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Legal context

This paper reviews the case of unsuccessful extension to Poland of the international trade mark Stalinskaya, used for alcoholic beverages, referring also to the Australian and Hungarian cases concerning this trade mark. The author also reviews whether refusal in this case could be justified in light of the recent ECHR's Vajnai v Hungary ruling.

Key points

The widely spoken national historical policy goals may lead to refusal of registration of trade marks referring to the symbols of the past, in case such symbols should promote ideologies which once posed and could in the future pose a serious threat to the interests of society and the state.

Practical significance

The paper aims to help practitioners optimize their choices where a historical symbol is going to be trade marked and to set guidelines for those accepting the aesthetics of shock as a driving sales force.

Journal Article.  3742 words. 

Subjects: Arbitration ; Intellectual Property Law

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