Esco-Barred: When Is A Trade Mark Contrary To Morality, Or Likely To Offend?

An application for the PABLO ESCOBAR trade mark, designating multiple classes of goods and services, was recently barred from registration in the European Union, amidst concerns regarding morality and the public's perception of the mark in Spain.

The application was filed by Escobar Inc., the official holding company for Pablo Escobar, founded by his brother in Colombia in 1984. Currently, this entity is responsible for managing the assets of the Escobar family, including the protection and licensing of its intellectual property rights. This legal battle began after the application was rejected by the European Union Intellectual Property Office (EUIPO) in June 2022, which the trade mark applicant later appealed. The Fifth Board of Appeal dismissed this appeal in February 2023, after it ruled that the mark was contrary to public policy and the accepted principles of morality. Dissatisfied with this decision, the trade mark applicant applied for the annulment of the