Efforts and Challenges in the Uniform Interpretation of Absolute Grounds for Refusal in the Registration of Provocative Trademarks within the Framework of European Union

Abstract

The main objectives of the EU trade mark reform were to create a single EU trade mark system and to harmonize and interpret the rules on the registration, use, renewal, and cancellation of trade marks throughout the European Union. Directive 2015/2436/EC of the European Parliament and of the Council of 31 March 2015 to approximate the laws of the Member States relating to trade marks is an important tool for achieving legal harmonization. By attempting to understand the principles laid down in Article 4(1)(f) of the Trade Marks Directive 2015/2436 and by examining notable cases, we can gain an insight into the delicate balance required for the regulation of trade marks and the challenges that the European Court of Justice and the courts of the Member States face when applying the absolute grounds for refusal of registration of trade marks on a case-by-case basis. The CP14 Common Practice elaborated by the EUIPN in 2023 is an important instrument which contributes greatly to a uniform and clear interpretation and application of legal norms and concepts throughout the European Union.