The term ‘Covidiot’ is contrary to accepted principles of morality and should not be registered as an EU trademark, the EUIPO’s Grand Board of Appeal has found.
In a decision handed down earlier this month but published on Sunday, May 26, the Grand Board (GBoA) said the applied-for mark must be refused because when used in conjunction with goods and services including games it would “trivialise” one of the deadliest pandemics ever “in a way that is contrary to human dignity and accepted principles of morality”.
The board also found that the applied-for mark was devoid of any distinctive character, which was another ground for rejecting the mark.
The case has attracted much attention among commentators. In 2022, INTA submitted an amicus brief that suggested a legal rethink over the morality debate might be required.
A portmanteau of Covid and idiot, the term ‘covidiot’ has been used to describe people who reject, ignore or question public health advice about Covid. It is often used in a derogatory fashion on social media.
The application, filed by German games developer Matthias Zirnsack, was rejected by the EUIPO in December 2020. The trademark filing covered classes 6, 9, and 28. Those classes include, among other things, software and games.
The examiner refused to register the mark at issue on the basis that it would be contrary to accepted principles of morality and would fall within the absolute ground for refusal set out in Article 7 (1)(f) EU Trademark Regulation.
The applicant appealed against that finding and, by interim decision in December 2021, the First Board of Appeal referred the case to the GBoA because of its legal complexity and importance.
The GBoA usually only hears cases that have a particular legal difficulty, importance, or special circumstance, or those that could shape future case law. It only takes on a handful of cases each year.
