April 2005
Are you offended by JESUS?
The UK Trade Mark Registry rejected an application by a Luxembourg based clothing manufacturer to register 'Jesus' for its range of jeans wear. The Registry's argument was that the word 'Jesus' when used as a trade mark would be offensive to the public.
Registration of trade marks in the UK is governed by the Trade Marks Act 1994 which states that a mark should not be registered when such registration would be "contrary to public policy or to accepted principles of morality" If the trade mark is merely distasteful it can be registered. However, if the mark would create public outrage registration must be denied.
The Registry considered the name and its use in the UK where it is not commonly used surname or forename. The conclusion was that even though a number of UK residents will identify 'Jesus' as an ordinary name these people are a small minority. A substantial number of UK residents are Christians who would attribute only one meaning to the word 'Jesus' and that is 'Jesus Christ'. It is therefore this majority of people whose reaction should be considered when considering the registration of 'Jesus' trade mark.
The Registry considered the above and decided that allowing 'Jesus' to be registered as a trade mark for clothing would result in public outrage.
Briffa Comment:
There is an obligation to think beyond one's personal like or dislike for a word or phrase being considered. Decisions on the registrability of proposed trade marks are made by individual examiners who should consider the opinion of a 'right thinking person'. What follows is a certain decree of luck as such decisions may reflect the opinions of the one individual asked to consider the proposed trade mark.
Generally speaking the Community trade marks registry (OHIM) seems to be less concerned about marks that might offend public policy or morality. OHIM accepted 'Tiny Penis' as a trade mark when the same mark was rejected by the UK Registry. Both 'Christ' and Jesus Christ Superstar' also registered as Community trade marks.