ECJ Advocate General Bobek: The decision by which the EUIPO refused to register the trademark "Fack Ju Göhte" should be annulled
Opinion of the Advocate General in Case C-240/18 P
Constantin Film Produktion GmbH / EUIPO
The Advocate General before the ECJ affirms in the Opinion that the offensive and vulgar nature of the trademark has not been demonstrated by the EUIPO in relation to a specific social context at any given time. The Advocate General takes the view that the success of the film of the same name, which is undisputed despite its title, the proper approval of the film title and the release of the film for young people, as well as the inclusion of the film in the Goethe-Institut's educational program, are strong indications of the social perception of the targeted public in relation to morality.