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The mark “La Mafia se sienta a la mesa” is contrary to public policy

  • 10/04/2018

With Decision of 3rd March 2016, the European Union Intellectual Property Office (EUIPO), upon an application by the Italian Republic, declared invalid, pursuant to Article 7 (1)(f) of the EU Regulation no. 2017/1001, the mark “La Mafia se sienta a la mesa”, it being contrary to public policy.

By Judgment of 15th March 2018, the EU General Court  has observed that the contested mark, in which the word element “La Mafia” was dominant, conveyed a globally positive image of that organization.

The General Court has confirmed that the mark at issue was contrary to public policy and then invalid, in that it was likely to offend not only the victims and their families, but also any person who, on EU territory, had average sensitivity and tolerance thresholds.

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