The EUIPO Board of Appeal has found that no absolute grounds of
refusal hinder the registration of "BREXIT" as a trade
mark in Classes 5, 32 and 34. The applicant is UK-based company,
Brexit Drinks Ltd, and goods for which registration is sought
include, amongst others, food supplements, energy drinks, brewery
products and cigarettes.
The EUIPO Examiner originally raised an objection under the
provisions of Articles 7(1)(b) and (f) EUTMR, on the grounds that
the mark was both descriptive and offensive. According to the
Examiner, the term "BREXIT" refers to the withdrawal of
the United Kingdom from the European Union and all European
citizens are familiar with it. Consequently, it would be
perceived as a motto for the withdrawal of the United Kingdom from
the European Union, and not as an indicator of trade origin in
respect of the goods applied for. Furthermore, he contended that
the mark would have an offensive impact on the sensitivity of the
average European
