Based on a study of data in the Darts-ip case database, the aim of this report is to discuss rejections based on grounds of immorality in different jurisdictions around the world. The data within this report covers Europe, USA, Russia, Japan, China, Australia and Brazil. Naturally, there are differences in coverage, and the data in this report reflects these differences. Statistics are generated based on the information available to Darts-ip and are derived from trademark cases where decisions on the merits include immorality-related points of law decided between January 1, 2008, and May 31, 2018. Statistics based on more specific subsets of time are marked accordingly within the report. Preliminary and provisional decisions are excluded from the scope of the statistics and final WIPO refusals are included.
Editor’s Note – Due to the nature of this legal issue, this report contains strong language that some readers may find offensive.