|French Trade Mark Registry|
says "Stop" to JE SUIS CHARLIE applications
"In a succinct press release issued on 13 January 2015, the French Trade Mark Registry has indicated that it will not register any of the numerous speculative trade mark applications that it has received for the slogan JE SUIS CHARLIE, or which include a reference to it, since the terrible events of 7 January 2015.
The Registry has justified its position on the grounds that the sign does not meet the requirements as to distinctiveness, considering that the slogan cannot be monopolised by a business given its use by the community at large (see this link here).
The Registry’s rapidity in publishing its position on these applications must be praised, although it is perhaps too absolute a statement, implying that all applications for, or including, the slogan will automatically be rejected. It would no doubt have been more appropriate to indicate as OHIM has done that this type of application “will probably” be subject to an objection.
It will not have escaped a keen eye that the Registry does not cite a specific provision in the French Intellectual Property Code to justify its position. This may be because for some mysterious reason, the French legislator did not consider it necessary to transpose article 7(1)(b) CTMR. Readers will be reassured to know however that the French judges nevertheless apply this condition when examining the validity of an application, and the public order and morality requirement also appears in the Code."
|A change of fortunes for|
Costco in the 9th Cirucit