A European Union trademark consisting of the single letter Z has been registered in the European Union for computer products and services by IBM.
The European Patent Office (EUIPO) rejected this application, but for an unusual reason. One might have thought that the letter Z alone was not distinctive enough for these products, but the EUIPO based its refusal on the fact that it was contrary to public policy.
European provisions stipulate that any brand that could be perceived as hateful, discriminatory, offensive or that advocates reprehensible behaviour will be refused.
In this case, the EUIPO points out that the letter Z is now seen as a symbol of support for the invasion of Ukraine. It has been painted on Russian tanks, vehicles and buildings, and distributed on social networks.
It is contrary to the fundamental values of the European Union and is therefore rejected as incompatible with the sensibilities of the European public.
While the decision is perfectly justified in law, it is nevertheless uncertain whether consumers of IBM products, in the case of software, perceive the Z mark as such.
