CJEU rules on absolute ground concerning marks contrary to accepted principles of morality:  

Extract

Court of Justice of the European Union, Case C-240/18 P, Constantin Film Produktion GmbH v EUIPO, EU:C:2020:118, 27 February 2020

The Court of Justice of the European Union considered that the sign ‘Fack Ju Göhte’ would not be contrary to accepted principles of morality under Article 7(1)(f) of the Regulation 2017/1001, thus setting aside the earlier judgment of the General Court and simultaneously annulling the decision of the Fifth Board of Appeal of the EUIPO.

Legal context

Article 7(1)(f) of the European Union Trade Mark Regulation 2017/1001 (EUTMR) prohibits the registration of signs which are contrary to public policy or accepted principles of morality. A corresponding ground is set forth in Article 4(1)(f) of the Trade Mark Directive 2015/2436 (TMD). The application of this ground leaves considerable room for judicial appreciation. The Court of Justice of the European Union (CJEU) judgment in Constantin Film Production purports to shed more light on how Article 7(1)(f) EUTMR should be applied to seemingly immoral marks.