Refusal Mindfuck - trademark conflictive with the public order and morals.

Not every trademark is automatically accepted by the authorities. As everybody knows, a trademark should be sufficiently distinctive, in order to be admitted. But there are other criteria as well. For example, a trademark may not be conflictive with the public order and morals. In the Benelux trademarks are hardly ever refused on this ground. However, this might be different in other countries and cultures.

In Switzerland, the trademark MINDFUCK, to distinguish clothing and mental training, has recently been refused. Whereas the trademark trademark was accepted in the surrounding countries, like Germany, Austria and Liechtenstein. The Swiss authorities reasoned that FUCK (also in combination with the word MIND) refers to sex, and for that reason it is deemed offensive to a part of the public. This decision is not unique. Before, the trademarks FUCKING FREEZING (European authorities) and READY TO F**K (German authorities) were refused as well.


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MENTOS has been selling chewing gum under the name MENTOS PURE FRESH for several years. In order to protect her rights MENTOS has registered the following trademarks: the logo MENTOS PURE FRESH, the logo MENTOS PURE FRESH 3 and a figurative depiction of the word PURE. Defendant sells chewing gum under the trademark DENTYNE PURE and has registered its logo as a trademark. Infringement or not?
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