'Separation of Church and Alcohol?'
An applicant, confident of his powers of persuasion, recently filed in Greece the trade mark (image below) for alcoholic beverages, namely 'tsipouro' - the aniseed national flavoured drink of Greece. Translated, the words appearing at the top of the logo translated to English are: 'Chrism' i.e.: consecrated oil used in Greek Orthodox religion.
The Greek Trade Mark Examiner did not like the taste of this application and rejected it on the grounds that the blatant religious subtext of the brand contravened Greek Trade Mark law, which has a rule explicitly outlawing registration of marks comprising religious symbols.
In Australia, this has become an ever-controversial area and the intersection of law, politics and religion is certain to get people talking. Guidance on this point is provided by section 42 of the Trade Marks Act 1995 (Cth) which states that a trade mark must be rejected if it contains or consists of "scandalous matter" which, among other factors, is often interpreted as having a "religious nexus".
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
