Don’t Touch your boobs

The confectionery manufacturer Katjes Fassin GmbH was rejected by the European Intellectual Property Office (EUIPO) for its trademark application Touch your boobs.

According to the decision of the EUIPO dated November 2025, a trademark application may be rejected if it is contrary to public policy or accepted principles of morality. This is especially true if, due to its offensive or sexual nature, the public perceives the mark as contrary to fundamental moral values ​​and social standards.

With this reasoning, EUIPO has rejected the trademark application Touch your boobs, although the applicant Katjes Fassin GmbH clearly stated that it was not about anything vulgar, but on the contrary that this slogan is used in many campaigns that encourage women to self-examine for the purpose of early detection of breast cancer. The applicant claimed that consumers would not understand and associate the trademark Touch your boobs with something sexual, but only in the sense of prevention.

However, EUIPO in its defense also stated that protection is sought for the trademark in the confectionery classes and that it would be applied to candies produced by the applicant that are also sold to children. Hence, it is indisputable for EUIPO that from the perspective of children, this trademark is contrary to moral standards.

Considering the fact that our Law on Industrial Property also contains the same provision regarding the absolute grounds for refusing a trademark application, we believe that the action taken on the trademark application would have the same outcome in our country, but it should be taken into account that the intention of the trademark is not a violation of moral norms, especially since children are educated on these topics from a very early age. Therefore, we believe that the decision-making of the organs and bodies for the protection of industrial property rights should evolve in step with social trends.