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ARTICLE · 21 JUNE 2019

Refusing Trademarks That Go Against Public Morality

We live in a generation that has an abundant sense of humour kept under wraps and an equal amount of sentimental intolerance on record!!

IndiaIntellectual Property

We live in a generation that has an abundant sense of humour kept under wraps and an equal amount of sentimental intolerance on record!!

Sense of humor, jokes and innuendos are extremely subjective. The question is, is the government or the state machinery the sole custodian of measuring the obscenity, hurtfulness or immorality of expressions, in this case-Trademarks? Trademarks containing obscene content or those contrary to public policy or to principles of morality are generally refused registration in many jurisdictions. It has been reported that in Taiwan, a device of a man carelessly peeing with his hands in his pocket ("the device") was sought to be registered as a trademark for a restaurant/ cafe.

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