An application will not succeed if the trade mark in question is contrary to public policy or morality (s3(3)(a)).

Consider the following three cases:

Ghazilian's Trade Mark Application [2002] RPC 23. The applicant had tried to register 'Tiny Penis' for clothing, it had been refused and an appeal was made. The judge also refused the application on the basis that what needed to be considered was how a right-thinking but open-minded member of the public would view the mark.

Re Masterman's Design [1991] RC 89. This case was before the Ghazilian case described above and featured a Scottish doll wearing a kilt but with nothing on underneath it. This was a design case (of course the similarties between the laws of registered designs and trade marks are striking) but also affects trade mark law.

French Connection Ltd's Trade Mark Application (No 81862) [2005] WL 3734085. French Connection had FCUK registered, however an attempt was made to get the mark declared invalid on the grounds of public policy. This however failed on the basis that the mark had been properly registered and any objectional use would not affect it's validity.