The General Court of the EU recently considered whether the name
Pablo Escobar can be registered as an EU trademark on the grounds
of public order and/or morality, as Miriam den Boogert
explains.
The holding company that manages, among other things, the IP
rights of the Escobar family, Escobar Inc, submitted an application
for registration of the name 'Pablo Escobar' as an EU
trademark (EUTM) in 2021. The application covered a wide variety of
goods and services, including 'cosmetics, software,
helicopters, firearms, furniture, cake tins, clothing, tobacco and
tobacco replacement products to medical, financial, catering and
legal services'.
The European IP Office (EUIPO) refused the application (in the
first instance and on appeal) based on Article 7(1)(f) of the EU
Trademark Regulation (EUTMR). This article stipulates that
registration will be refused if the sign is contrary to public
order or morality.
