Trademark against public order and good customs before the application for the registration of the trademark "Pablo Escobar"

Abstract

The recent judgment of the General Court of the European Union of April 17, 2024 introduces new elements for the interpretation and application of the concepts of public order and good customs following an application for the registration of the trademark "Pablo Escobar". Both the Board of Appeal and the General Court agreed that the association of Pablo Escobar's name with drug trafficking and narco-terrorism prevails over any possible positive connotation, which leads to perceiving the mark applied for as contrary to fundamental values and moral standards in Spanish society. Likewise, the common position at the European Union level is shared that distinguishing signs related to criminal activities or organizations, such as, for example, should be rejected as being considered contrary to public policy and morality since, otherwise, the trademark may be perceived by the relevant public as directly contrary to the fundamental values and moral standards accepted by European Union society in the European Union. At the same time, it may contradict or incite, glorify, trivialize or justify the violation of the rules, principles or fundamental values of the societies of the European Union.