EU rejects trademark for a Brexit drink – saying word is ‘offensive’

EU rejects trademark for a drink called Brexit – saying the word is ‘offensive’

  • Entrepreneurs Pawel Tumilowicz and Mariusz Majchrzak launched drink in 2016 
  • European Union Intellectual Property Office said they could not trademark name
  • Euipa said that EU citizens would be ‘deeply offended’ by appropriation of word
  • Euipo’s Grand Board of Appeal rubbished ‘offensive’ claim but upheld decision  

A pair of entrepreneurs have been refused European trademark protection for their energy drink named Brexit after an EU body labelled it ‘offensive’. 

Pawel Tumilowicz and Mariusz Majchrzak had attempted to register their product Brexit with the European Union Intellectual Property Office (Euipo) after they launched the drink in October 2016.

But they were denied on the grounds that EU citizens would be ‘deeply offended’ by the appropriation of the word. 

The pair then appealed before Euipo’s Grand Board of Appeal, which upheld the earlier verdict in its final judgment on Wednesday. 

Pawel Tumilowicz launched an energy drink named Brexit in October 2016 – but has been denied Europe-wide trademark protection

The high-caffeine drink – which is described on its website as ‘the only reasonable solution in this situation’ – is branded with the Union Jack and was only named after the contentious political event ‘for a laugh’, the Telegraph reports.  

But Euipo certainly did not share the joke, with an official complaining that Tumilowicz and Majchrzak’s attempt to register the word Brexit would ‘undermine the weight of an expression denoting a seminal moment in the history of the European Union.’

‘Citizens across the EU would be deeply offended if the expression at issue was registered as a European Union trade mark,’ the Telegraph quoted Euipo as saying.    

The Grand Board on Wednesday rejected Euipo’s judgement that the word was ‘offensive’ – however it ruled that Brexit could not be trademarked because it was not ‘distinctive’ enough under EU law and would be confusing. 

Euipa initially said that EU citizens would be ‘deeply offended’ by appropriation of word – but its Grand Board of Appeal rubbished this – rejecting the application on the grounds that people would simply be confused

Tumilowicz and Majchrzak, originally from Poland, run their business out of Prestwich, Greater Manchester – an area which backed Leave in 2016. 

Father-of-three Tumilowicz said: ‘People keep asking us whether we were trying to make a political statement or anything like that.

‘We weren’t at all. We just thought it was quite a cheeky name so we went with it. It was just a bit of fun really.’

They had claimed that the drink’s name would inform consumers that it was made in Britain.

However, the appeal’s board said there was ‘nothing about the sign ‘Brexit’ that might, beyond its obvious meaning… enable the public to memorise the sign easily and instantly as a distinctive trademark for the goods claimed.’

It added: ‘The term “Brexit” denotes a sovereign political decision, taken legally and has no negative moral connotations; it is not a provocation or incitement to crime or disorder.

Other products include this ‘rich and creamy’ Brexit Blue cheese which caused outrage when it hit the shelves in pro-Remain Brighton in October 2017

‘Neither is it an emblem for terrorism, oppression or discrimination of any kind. Nor is it a synonym for social unrest. “Brexit” is not a byword for hate, sexism, racism or anything of the sort. Nor is it lewd or salacious.’   

Euipo, which is based in Alicante, Spain, can only prevent the entreprenuers receiving trademark protection under EU law; they may still apply for it in Britain.     

And they may not be the only ones. Six months after the referendum, the BBC reported that 18 trademark applications featuring the term had been lodged – including ‘English Brexit tea’ made by a German company. 

Other products include Brexit the board game, Brexit the musical, a Brexit Blue cheese, Brexit biscuits, and Brexit bread.

More than 30 companies have registered since the referendum which include the the word in their name.

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