Registering a trademark relating to the corona virus

In recent weeks, BOIP has received a number of trademark applications in which the trademark references the corona virus.

When major news events take place, BOIP often sees applications being filed which refer to them. Some entrepreneurs clearly see them as presenting an opportunity. However, often there is a failure to recognize that designations regarding major news events rapidly become descriptive in nature. In the eyes of the public, these designations may be indicative of the characterizing features of goods or services. This is the case when it comes to the societal situation recently brought about by the new corona virus.

Such trademark applications are therefore refused registration owing to their descriptive nature. Applications of this type may also be found to be contrary to public order and/or morality. Users need to be aware that similar applications run a significant risk of refusal.

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