Les marques® de la pandémie

A number of trademark applicants are gearing up to capitalize on the coronavirus epidemic.
In Latin America we have been able to find out applications in Mexico for trademark “CORONAVIRUS” nº 2341574 for class 42 and in Argentina under nº 3884178; In Chile, there is an application nº 1352097 for trademark “COVID-19” to identify products in class 3 and 25 and services in class 43.
In the European Intellectual Property Office (EUIPO) trademark application nº 18209884 “CORONAVIRUS” was filed to identify products of classes 3, 31, 32, 33.

The Spanish Patent and Trademark Office (OEPM) has received several similar applications, among them trademark “CORONAVIRUS” nº 4059398 to identify alcoholic beverages and nº 4061693 to identify products of classes 01 03 05 18 25 and services of the class 45, applications “COVID-19” nº 4057498 to identify pharmaceutical products and medical equipment and nº 413707 for services of class 35, application nº 413795 # YOSOBREVIVÍALCOVID-19 for classes 25, 32, 35, and also an figurative application nº413800 to identify drugs of international class 05, among others.

Dozens of applications have also been filed in the United States for trademarks as “CORONAVIRUS”, “I SURVIVED CORONAVIRUS”, “COVID 19″, “CORONAVIRUS SURVIVAL GUIDE”, “SOCIAL DISTANCER”, “MY CORONAVIRUS EXPERIENCE” and “KICK CORONAVIRUS’S ASS” to cover multiple and varied international classes.
It is still too early to know the position that the IP property offices will adopt regarding these trademarks; if those signs will be considered as generic or descriptive for some products, but sufficiently distinctive for others; or if they will be outright denied for incurring any of the absolute prohibitions on registration, such as, for instance, being considered offensive trademarks or contrary to morality.

Janet Hernandez
twitter: @abreu_ip