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Sovjet emblem denied as trademark

27-09-2011

There is always something going on in the fashion industry. In 2006, a Russian fashion designer’s figurative trademark application (see picture) was rejected by OHIM. As can be seen below, the trademark shows a hammer with sickle under a red five pointed star of the USSR. The Russian fashion designer was not amused with the refusal of OHIM and appealed to the decision.

Last week, the European High Court ordered that OHIM rightfully rejected the Russian fashion designer's trademark application in 2006, because it was contrary to public policy and principles of morality.

The Court explains that it is contrary to principles of morality since in the Czech Republic, Estonia and Hungary, this sign is still regarded as a symbol of dictatorship. However, the fashion industry was not worried about this when the popular Fidel Castro army hats were introduced some years ago. Conclusion: whatever the future holds fashionwise remains unpredictable!