Decision of the Court of Justice of the European Free Trade Association States (EFTA Court) 6 April 2017 - Case No. E-5/16

摘要

1. The registration as a trade mark of a sign which consists of works for which the copyright protection period has expired, is not in itself contrary to public policy or accepted principles of morality within the meaning of Art. 3(1)(f) of Directive 2008/95/EC. 2. Whether registration for signs that consist of works of art as a trade mark shall be refused on the basis of accepted principles of morality within the meaning of Art. 3(1)(f) of Directive 2008/95/EC depends, in particular, on the status or perception of the artwork in the relevant EEA State. The risk of misappropriation or desecration of a work may be relevant in this assessment.