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The applicant, Mr. Matthias Zirnsack, attempted to register the following figurative mark as an EUTM in 2020:

Logo featuring the word "COVIDIOT" in bold black letters on a yellow background, accompanied by three stylised figures in blue, red, and yellow, representing a humorous take on the Covid-19 pandemic.

The application sought to protect metal clips, computer gaming software and mobile apps, and board games and toys. It was refused based on Articles 7(1)(f) and 7(2) EUTMR with respect to all the goods.

The applicant appealed the decision to the EUIPO First Board of Appeal, which referred the case to the EUIPO Grand Board of Appeal in December 2021.

Article 7(1)(f) EUTMR excludes from registration trade marks that are contrary to public
policy or to accepted principles of morality.

The Board of Appeal rejected the appeal and upheld the initial decision.

Michael@trademarkroom.com

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