The European trade mark body has refused to register an energy drink called ‘Brexit’ after deciding that its name was “too confusing”.
It is the second time the drink has been brought before the European Union Intellectual Property Office (Euipo), after the name was initially deemed too “offensive” in 2016 to put on a can.
Recording its verdict back then, the department said “citizens across the EU would be deeply offended” and it would “undermine the weight of an expression denoting a seminal moment in the history of the European Union.”
However, in its latest ruling, Euipo said the drink, which is owned by Pawel Tumilowicz and Mariusz Majchrzak and is produced in Greater Manchester, said it was wrong to not register the trade mark on grounds of offence, but should have rather prevented it on the grounds that ‘Brexit’ is not distinctive enough to qualify under EU law.
The Grand Board of Appeal, the independent subdivision of Euipo presiding over the latest decision, added that the trade mark risked “confusing” people.
It also rejected the argument that the name would inform consumers as to where the drink was made.
Handing down its decision, the appeal board said: “The term ‘Brexit’ denotes a sovereign political decision, taken legally and has no negative moral connotations; it is not a provocation or incitement to crime or disorder.
“Neither is it an emblem for terrorism, oppression or discrimination of any kind. Nor is it a synonym for social unrest. ‘Brexit’ is not a byword for hate, sexism, racism or anything of the sort. Nor is it lewd or salacious.”
It added: “There is nothing about the sign ‘Brexit’ that might, beyond its obvious meaning referring to the United Kingdom’s withdrawal from the European Union, enable the public to memorise the sign easily and instantly as a distinctive trade mark for the goods claimed.”
“The mark must be refused, and, therefore, the appeal is dismissed.”
The decision does not stop the company from registering the trade mark under British law.
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