The first trademark application for the slogan “Je suis Charlie” or “I am Charlie” (which was filed at the Benelux Trademark Office on 8 January 2015 by Belgian businessman, Yanich Uytterhaegen) was withdrawn last Thursday amid controversy against the move on social media.
Uytterhaegen applied for the trademark to cover a range of goods and services, including cleaning products, clothing, footwear and Christmas decorations, but was criticised by some as trying to “cash-in” on the slogan’s success in the wake of the Charlie Hebdo shootings.
The phrase was first posted to Twitter by French artist and music journalist, Roachim Roncin, in the aftermath of the attacks on the offices of the satirical newspaper in Paris, France, which left 12 dead.
Whilst it is not uncommon for there to be a spate of trademark applications in the wake of tragic events, often registration is refused on the basis that the mark contravenes public policy or accepted principles of morality.
However there is nothing inherently disparaging or offensive about the term “Je suis Charlie”. To the contrary, the phrase has become synonymous with freedom of expression.
The difficulty is that any attempt to prevent others from using a phrase that stands for freedom of expression might be considered immoral, particularly where that phrase is born out of tragedy.
Despite withdrawal of the Benelux application, elsewhere commercialisation of the phrase continues (a quick search on Ebay returns 5,604 results for the phrase and a further 485 on Amazon).
In France alone, the INPI, France’s trademark office, reports more than 100 attempts to gain a monopoly over the phrase. However, more than half of these have been rejected outright on the grounds that the phrase is not “distinctive” enough to warrant protection.
Whether this reflects an unwillingness on the part of the French authorities to enter into a debate as to whether or not these types of application are immoral or whether or not other trademark authorities will follow suit and refuse marks on lack of distinction grounds alone remains to be seen.
Either way, an undeniable consequence of social media has been a rise in online activism and, with it, the practice of making trademark applications based on messages and slogans designed to increase public awareness about a particular issue. However, those seeking to make a “quick buck” from trademarking the latest viral slogan might want to think again.
For now, at least, it seems that “Je suis Charlie” will not be trademark protected because of its widespread usage in the community.
And in that sense, nous sommes Charlie.
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Update
16/01/15 - The European Trademark Registry, OHIM, which is usually reluctant to comment on individual cases, has issued this cautionary statement which echoes the writer's views:
...an application which consisted of or which contained the phrase "Je suis Charlie" would probably be subject to an objection under Article 7 (1) (f) of the Community Trade Mark Regulation, due to the fact that the registration of such a trade mark could be considered "contrary to public policy or to accepted principles of morality" and also on the basis of Artice 7(1)(b) as being devoid of distinctive character.
https://oami.europa.eu/ohimportal/en/news/-/action/view/1787585
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Further information:
For further information about trademarks, or in respect of any intellectual property issues, please contact Stephen Oliver or Christopher Walke on 01223 411421 or at soliver@woodfines.co.uk and/or cwalke@woodfines.co.uk.
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