Trademarks contrary to public policy or morality. Monaco adopts Common Practice CP14 of the European Union Intellectual Property Network (EUIPN)

📕Practice Paper. Trade marks contrary to public policy or to accepted principles of morality (Monaco)

SUMMARY

The practice paper on how to assess public policy and morality in trademark applications has been drawn up jointly by the European Union Intellectual Property Network (EUIPN) and the Monaco Industrial Property Office (MCIPO), in accordance with the common practice CP14 adopted by the EUIPN in November 2023, taking into account the specificities of Monaco.

In order to assess number 1° of Article 2 of Law No. 1.058 of 10 June 1983 on Trademarks and Service Marks, according to which signs contrary to public policy or morality may not be used as trademarks, the Practice Paper provides:

• interpretations of the concepts of public policy and morality,
• a set of principles,
• criteria applicable to this assessment,
• examples illustrating the applicable criteria.

The assessment of signs contrary to public policy or morality is always made on a case-by-case basis, taking into account the normal level of sensitivity and tolerance of the relevant public in the jurisdiction concerned as well as all the circumstances specific to the States and the case in question.

The aim of the paper is to increase clarity, transparency, legal certainty and predictability, for the benefit of examiners, users, applicants and their representatives.

Note: Since 13 January 2025, the MCIPO has a new Website with new functionalities, practical guides and FAQs, with access to the MonGuichet.mc portal for online services.

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The European Union Intellectual Property Network (EUIPN) and the European Union Intellectual Property Office (EUIPO)

EUIPN. The EU trademarks and designs network, is a collaborative platform which, through IP tools and the convergence of practices, aims to meet the needs of IP professionals and right holders. Its members are:

• EU national and regional IP offices,
• European Union Intellectual Property Office (EUIPO),
• user associations,
• other organisations (European Patent Office; World Intellectual Property Organization; European Commission, Directorate General for Internal Market, Industry, Entrepreneurship and SMEs; European Commission, Directorate General for Taxation and Customs Union).

With the aim of harmonising and converging IP practices beyond the EU, the EUIPN is working with non-EU countries such as Monaco.

EUIPO. Decentralised agency of the European Union responsible for:

• the management of EU trade marks (EUTMs), the registered Community design (RCDs), the Geographical Indications (GIs) for craft and industrial products,European
• European and international cooperation in IP matters,
• European IP Infringement Observatory.

The EUIPO's practice is reflected in Guidelines for staff involved in the various procedures and for users of its services. From 1 December 2025, new Guidelines on geographical indications will be available, in addition to those on the examination of EU trade marks and designs.

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Sources :

• MCIPO (New) Website • Monaco s'aligne sur le Programme européen de Convergence des Pratiques CP14
• Government Press Release of 13 January 2025
• EUIPN Website • MCIPO Monaco implements CP14
• EIPO Website • Guidelines

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