Offensive
At first, you might think for a moment that the mark would be refused because of its descriptive or referring character. However, that is not the problem, according to EUIPO. What it does have a problem with is that this mark will be perceived by the public as being contrary to moral principles. ‘It is shocking or offensive because it indicates that the goods and services are for/or used by young female persons that are slutty and/or promiscuous,’ EUIPO said. ‘It will gravely offend the average English-speaking consumer’s sensitivity.’ So, that’s something!
Dictionary
To substantiate its claim, EUIPO turns to the Urban Dictionary, which gives as the meaning of the word Easy girl “a woman who is much like a slut, which is easy for men to take sexual advantage of”.
Shocking in one country enough
With some regularity, brands are denied access to the European registry because, according to EUIPO, they violate “public policy. This ‘public policy’ then refers to all EU countries. If a trademark is considered ‘shocking’ in only one of the 27 EU countries, this may be sufficient for a refusal.
Benelux not impressed
Interestingly, in May 2023 Eqom did get a registration of Easygirls in the Benelux trademark register without any problem. Apparently Benelux officials are not immediately upset by that trademark. And I can understand that.
Bas Kist
