Brexit energy drink denied EU trademark after claims brand was ‘offensive’

Categories: Asma Raza

The EU thinks using the word Brexit on a drink is provocative.

The European Union Intellectual Property Office (Euipo) denied a trademark for a ‘Brexit’ energy beverage back in 2016 after ruling the term was too ‘offensive’ to put on a can. An official had felt ‘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.’ Business owners Pawel Tumilowicz and Mariusz Majchrzak had hoped to get that decision overturned yesterday after appealing to Euipo’s Grand Board of Appeal but they got shut down again.

This time the Grand Board ruled the word ‘Brexit’ was not ‘distinctive’ enough rather than being offensive, which it rejected. It ruled in its final judgement: ‘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.’ Mr Tumilowicz told the Telegraph: ‘People keep asking us whether we were trying to make a political statement or anything like that. ‘We weren’t at all. We just thought it was quite a cheeky name so we went with it. It was just a bit of fun really.’




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