Public order
On January 20, the European Union Intellectual Property Office (EUIPO) refused to register the word mark Simon Smokes. And it wasn’t because someone else had already registered Simon Smokes, or because the trademark lacked distinctiveness. No, the reason was that, according to EUIPO, the trademark was contrary to public order.
Have you heard about the coolest guy in town? #SimonSmoke is the most popular of all the #NightmareCritters by far. so cash money fr. 🐉 💵 pic.twitter.com/HjJfnIIY0p
— Mob Entertainment (@mobgamesstudios) October 7, 2024
Trivialization
The trademark Simon Smokes “can be contrary to the moral values and standards of the EU, considering that there is a public interest in ensuring that vulnerable groups are not confronted with signs and/or messages that could endanger them”, according to EUIPO. “In particular, the sign at issue placed on the goods directed for children trivializes smoking. It goes against the health policies adopted in the EU . Seeing ‘Simon smokes’ on plush toys would transmit a wrong message to kids, namely that smoking is something normal.” So, no registration for Simon Smokes.
Frightening
I actually think that Simon Smokes not only trivializes smoking. When I see Simon Smokes, I expect that the creature will mostly frighten the little kids. Because which child would want to go to bed with this ugly monster?
Also rejected in the Benelux?
Whether a trademark is contrary to public order often also depends on the products for which registration is requested. If Simon Smokes had been a new cigarette brand, I think it would probably have gotten its European registration. By the way, I wonder whether this brand would have been refused in the Benelux as well. Unlike the European trademark office, the liberal Benelux Office for Intellectual Property is known for rarely rejecting trademarks on the grounds of public order.
Bas Kist
Photo by Mandy Bourke on Unsplash
