On the Inadmissibility of Contradiction of Trademarks with the Public Interest, the Principles of Humanity and Morality

Abstract

The article analyzes such an absolute ground for refusal of a trade mark as a contradiction to public interests, principles of humanity and morality. It is enshrined in the Paris Convention for the Protection of Industrial Property and, as a result, is found in various legal systems. The article provides approaches from the Russian, European, English, and American legal systems, and offers general approaches to assessing trademarks. The author identifies three different groups of cases in which this basis is applied and shows the rules by which trademarks should be considered for each of them. Contradiction to public interests, principles of humanity and morality is considered taking into account specific examples, including in the field of cryptocurrencies. Examples are given from the practice of courts and patent offices of different countries and it is shown that, in general, the world has approximately the same idea of which signs are acceptable and which should not exist.