Obscene
A trademark application may be refused for being contrary to public policy or accepted principles of morality if, because of its obscene, offensive or sexual content, the public perceives the mark as “contrary to the fundamental moral values and standards of society.” Apparently, Touch Your Boobs falls into that category, judging from the EUIPO decision of 5 November 2025.
Medical-preventive
Katjes Fassin GmbH, the German applicant, did try to explain the idea behind Touch Your Boobs to EUIPO. “It is not vulgar. With our Touch Your Boobs campaign, we aim to encourage women to regularly examine their breasts themselves in order to detect breast cancer at an early stage. Consumers will not understand the mark Touch Your Boobs in a sexual way, but in a medical-preventive sense,” said Katjes Fassin.
Candy for children
That may all be true, EUIPO replied, but your intentions are irrelevant. What matters is the perception of the mark in connection with the products. The mark was not applied for medical products, but only for candy. “The call ‘Touch Your Boobs’, used for candy that is (also) sold to children, is perceived by the public as contrary to prevailing moral standards,” according to EUIPO.
Well-behaved
Even apart from Katjes Fassin’s good intentions, I think that the trademark Touch Your Boobs should simply have been granted registration. Here in the Netherlands, even if a child is the consumer, do we really consider the mark Touch Your Boobs “incompatible with the fundamental moral values and standards of our society”? Surely it’s not that bad. I believe the mark would therefore be accepted without any problem in the Benelux.
Moral bar
But of course, we in the Netherlands may have our own views on Touch Your Boobs, yet we must take into account the standards and values of all European countries. After all, a European trademark registration provides protection in 27 countries, which means the mark must be acceptable in all 27. If even one EU Member State takes offence at a mark, registration may be refused for being contrary to principles of morality. And elsewhere in Europe, the moral bar is often set considerably higher than it is here in The Netherlands. So it remains wise to be cautious with mildly risqué trademarks.
Bas Kist
Banner photo by Luis Aguila on Unsplash
