FCUK Trade Mark Not Immoral – ITMA Comments

“The intrinsic qualities of the mark FCUK are not such as to render it objectionable”

That was the ruling by Richard Arnold QC as he rejected an application on appeal by retired businessman Dennis Woodman to invalidate the trade mark on the grounds that it was contrary to accepted principles of morality.

Commenting on the ruling, Philip Harris, President of ITMA, the Institute of Trade Mark Attorneys, said:

“While it is arguable that FCUK is capable of being seen as a swear word, and the Judge in this case concurred with that view, it is equally clear that it will not always evoke the swear word in people’s minds. Thus, the judge was absolutely right to reject this appeal.”

“In many cases, such as this, it is not always easy to determine whether one is overstepping the line between what is acceptable, and what is not acceptable. It highlights the need to take professional advice to keep within boundaries.”

“That is where members of ITMA have an important role to play. With their professional training and rigorous qualification by examination, they are best placed to advise clients on acting within trade mark law and on the current practice in the UK and the EU.”

“It is not only the large corporate giants that need professional assistance in defending against such actions, all levels of business, right from the small start-up can profit from professional guidance.”

“This applies whether it is fighting oppositions or simply putting in place the protection necessary to safeguard what, after all, are important and valuable assets i.e. trade marks and other forms of intellectual property.”

“ITMA members can be found throughout the UK. To find a fully qualified trade mark attorney near you visit our website www.itma.org.uk which also includes a wealth of information about the world of trade marks.”

NOTES FOR EDITORS

1. The Institute of Trade Mark Attorneys (ITMA) was established in 1934 as the professional body representing those persons qualified to act for the owners of trade mark and allied intellectual property rights (in particular, registered designs) both nationally and internationally. It now represents the vast majority of UK registered trade mark agents and all UK Trade Mark & Design Litigators.

2. Currently ITMA has approximately 500 practising members; it also extends associate membership to professionals in related fields of law and overseas membership to foreign trade mark attorneys. Its total membership (all classes) is about 1600 members, primarily located in the United Kingdom and Europe, but also in more than 50 other countries.

3. ITMA is regularly consulted by UK government and by international bodies when questions affecting trade mark and allied intellectual property rights arise. It has regular meetings with the UK Patent Office, the Community Trade Marks Office (OHIM), the World Intellectual Property Organisation (WIPO) and other sister organisations in Europe and beyond. For more information visit www.itma.org.uk.

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