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Journal of Intellectual Property Law & Practice Advance Access originally published online on March 19, 2009
Journal of Intellectual Property Law & Practice 2009 4(5):360-364; doi:10.1093/jiplp/jpp026
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© The Author (2009). Published by Oxford University Press. All rights reserved.

Stalinskaya: the uneasy case of offensive trade mark registration

Marcin Ozóg*
Legal context: This paper reviews the case of unsuccessful extension to Poland of the international trade mark Stalinskaya, used for alcoholic beverages, referring also to the Australian and Hungarian cases concerning this trade mark. The author also reviews whether refusal in this case could be justified in light of the recent ECHR's Vajnai v Hungary ruling.

Key points: The widely spoken national historical policy goals may lead to refusal of registration of trade marks referring to the symbols of the past, in case such symbols should promote ideologies which once posed and could in the future pose a serious threat to the interests of society and the state.

Practical significance: The paper aims to help practitioners optimize their choices where a historical symbol is going to be trade marked and to set guidelines for those accepting the aesthetics of shock as a driving sales force.

Correspondence: * The European Centre for Comparative Commercial and Company Law (Centrum C-Law.org). Email: ozog{at}c-law.org


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