“Fack ju Göhte” does not offend common decency after all

After the European Trade Mark Office (EUIPO) rejected the registration of the film slogan “Fack ju Göhte” for merchandise products such as clothing, beer or detergent as immoral, the ECJ now (also) had to decide on the question of registrability. According to the relevant regulations, signs that are contrary to public policy or morality are excluded from trademark protection. However, according to the judgment of the ECJ, the word Fack/Fuck does not do this. The German-speaking general public does not regard the title as morally reprehensible. A violation of moral values and norms of society was also not recognizable and was not sufficiently justified by the trademark office. The competent office must now – taking this decision into account – decide again whether the trademark can be registered (ECJ, judgment of February 27, 2020, Ref. C-240/18 P)

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