Offensive trademarks are designations that, by virtue of
Sub-clause 2 of Clause 3 of Article 1483 of the Civil Code, may not
be registered as trademarks if they represent designations or
comprise elements detrimental to the public interests, humanity,
and principles of morality.
Such designations may include further designations that
represent or comprise words, phrases, images, three-dimensional and
any other designations or their combinations, which, both
themselves and used as trademarks, contradict the legal foundations
of public order and (or) may trigger indignation of the society
members based on the universal moral principles.
The practice of applying this legal prohibition on the
registration of "scandalous" marks is characterised as
one of the most challenging and controversial issues due to
objective reasons as well as since each expert examining an
application relies on his own "moral code". Besides,
public interest and morality are shifting over time.
