Why should the trade mark “OSHO” be deleted in Europe?


There are several absolute grounds for invalidity of the trade mark “OSHO” today:

  1. Lacking distinctivness and descriptive character of the contested Community trade mark “OSHO”
     
    “OSHO” is the personal name of a well-known Indian mystic, spiritual leader and founder of a new world-view / phylosophy whose fame and prominence is based among others on the creation of new kinds of meditations into which his visions have flown and, as such, a reference to the person himself.

    For this reason, his lifework as well as his vision, teachings and meditations making the word “OSHO” an indication of the content of the categories of goods and services concerned, various trade marks “OSHO” have already been cancelled in the USA for descriptiveness resp. genericness.

    The situation is the same in the European Union, in particular in Germany as a relevant part of the EU in the meaning of Article 7(2) CTMR, as there the public perception of “OSHO” is the same as in the USA. This does not conflict with the fact that the meditations and visions which are contained in, implemented or referred to by the good and services concerned, or which may have inspired the good and services concerned, are the lifework of the one particular person.

  2. Contradiction of the contested Community trade mark to public policy or to accepted principles of morality
     
    According to Article 7(1)(f) CTMR, a sign shall not be registered as a trade mark if it is contrary to public policy or to accepted principles of moraliry.

    The relevant public will be offended at the legal monopolization of the name of a spiritual leader and founder of a new world-view / philosophy — like in the case of trade marks like “Buddha” or “Dalailama” which have been cancelled for this reason.

 

NOTE: The above section is taken from the first formal submission
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