The case in summary: The Cancer Association and Ung kreft have been ordered to pay NOK 92,500 in court costs to the Complaints Board for Industrial Rights (KFIR) following a trademark dispute over the slogan “fuck cancer”. In 2022, the associations were allowed to register the word as a trademark by the Swedish Patent Board, but this was revoked in 2023 after a jewelery designer protested. The Norwegian Patent and Trademark Office and KFIR believe that “fuck cancer” lacks distinctiveness, which is a criterion for registration. The associations are unhappy with the decision, especially since “fuck cancer” is registered as a trademark by similar associations in Sweden and Denmark. The summary is made by an AI service from OpenAi. The content is quality assured by news’s journalists before publication. – We thought it was both sad and surprising. That’s what Annika Fallsen Huthala, general manager of Ung kreft, says about the verdict. At the end of June, the Cancer Association and Ung kreft were sentenced in the Oslo District Court to pay NOK 92,500 in court costs to the Complaints Board for Industrial Rights (KFIR). The verdict comes after a trademark dispute surrounding the slogan “fuck cancer”. Annika Fallsen Huthala is general manager of the association Ung kreft. Photo: Privat – Now we haven’t looked too closely at that judgment yet, but we will take a closer look at whether we should appeal, says Huthala on behalf of both associations. KFIR writes in a statement to news that they are well satisfied with the verdict. Was first registered as a trademark The Cancer Association and Ung Kreft collaborate on the “fuck cancer” concept. In 2022, they were allowed to register the word as a trademark by the Norwegian Patent and Trademark Office. But the trademark registration was revoked in 2023 after a jewelery designer objected. Namely, the person wanted to sell or produce similar goods with that type of expression. – So the Norwegian Patent Board has reversed its assessment, says section leader at the Norwegian Patent Board, Knut Andreas Bostad. Knut Andreas Bostad is section manager for design and trademarks at the Swedish Patent Office. Photo: Trond Isaksen / The Swedish Patent Board The reason is because “fuck cancer” does not have a distinctive character, which is a criterion for registration. – This means that you as a consumer must see that there is a commercial player behind the brand, he says. The cancer associations complained about the decision, but KFIR maintained that the word mark “fuck cancer” lacked distinctiveness. The associations then took the appeal board to court, because they believed it was an invalid refusal. – Here the Oslo district court, like the Patent Office and our appeals body, thinks that here people will only think that it is a rallying cry, says Bostad. Is registered in Sweden and Denmark Huhtala and the associations are particularly unhappy with the verdict and the decision because “fuck cancer” is registered as a trademark by the corresponding associations in Sweden and Denmark. The Cancer Society and Ung Kreft have been ordered to pay court costs. Photo: Trond Reidar Teigen / NTB Bostad in the Patent Board believes part of the reason why Norway stands out in this case is because it has been just over 10 years since it was registered in Sweden. – I think perhaps that people have got a different understanding of such battle cries now, he says. In addition, he points out that in this case there have been several bodies that have looked at the case. – So there has been a more thorough assessment here than, for example, in Sweden, Bostad sums up. Will secure income for the cancer cause “Fuck cancer” is used to show contempt for the disease or to support the cancer cause – often in the form of colorful bracelets. Such bracelets are sold by the Cancer Association and Young Cancer. Photo: Kreftforeningen Kreftforeningen and Ung kreft want exclusive rights to the slogan as a trademark to ensure that sales revenue goes to cancer research and other support. Without exclusive rights, they are afraid that other players will sell “fuck cancer” products without anything going to the cancer cause. – And if we can have this trademark, then we can make sure that the money goes to the cause, says Huthala. Now everyone is free to use the word in similar products. Published 12.07.2024, at 06.22
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Can’t register “fuck cancer” as a trademark – lost case in court – news Norway – Overview of news from different parts of the country
