EU court has forbidden to use the arms of the USSR as a trade mark for immorality
the Superior court of the European union has supported the decision of service of EU on trade marks and has forbidden firm Couture Tech to register the arms of the USSR as a trade mark. Earlier the firm connected with one of the Russian companies, tried to register a sickle and a hammer as the intellectual property.
“ to the Trade mark should be refused registration if it breaks a public order or contradicts morals at least to one of EU parts “ - it is told in the statement of the European court of justice. In the court decision it is specially noticed that in a number of the EU countries the sickle and a hammer are out of the law. So in the legislation of Hungary the arms of the USSR are directly named “ a despotism symbol “ also it is forbidden to use in the public policy. Out of the law a symbol and in Latvia, and the Czech republic.
From its part the agency which is responsible for registration of trade marks in territory of EU (OHIM), too has considered that the Soviet symbolics contradicts concepts about a public order and morals for “ a considerable part “ inhabitants of Hungary, Czechia and Estonia and other countries of Eastern Europe. The arms of the USSR are immoral, have declared OHIM, transfer RAPSI.
As it was found out, as trademark in the European Union company Couture Tech has submitted inquiry about registration of the arms of the USSR in 2006. However agency OHIM has refused to register a sickle and a hammer, having declared that the symbol of Soviet Union can offend inhabitants from countries of Eastern Europe. The company has tried to appeal against against the agency decision in court, but has received today repeated refusal.
By the way, on site Trademarkia. com it is specified that Couture Tech all - taki has registered a trade mark with the Soviet arms, but in the USA in 2007. Versatile firm Couture Tech is known for that is the owner of trading brand Denis Simachev, and also other fashionable marks which are letting out spirits, costume jewellery and clothes.