Soviet coat of arms as a trademark. The EU General Court refused because this symbol is prohibited in Hungary, Latvia and Czech Republic, and therefore is contrary to public policy and morality (§ 60).
Couture Tech argued that, unlike the swastika, the political connotation of the USSR coat of arms has been diffused and transformed into a provocative one, connected with the concept of the avant-garde, so that the trademark applied for had acquired “a new distinctiveness” (§ 46).
The EU General Court replied that it is still perceived as a political symbol (§ 64).
European Court of Human Rights & UN Human Rights Committee blog of attorney Prof.S.Tomas ❑ Advokato prof.S.Tomo tinklaraštis apie Europos žmogaus teisių teismą ir JTO Žmogaus teisių komitetą ❑ Блог адвоката проф.С.Томаса о Европейском суде по правам человека и Комитете по правам человека ООН
26 sept. 2011
EU General Court: USSR coat of arms may not be registered as a trademark, Couture Tech Ltd., T-232/10
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