Is figurative mark containing word 'Mafia' contrary to public policy? General Court decides
In La Mafia Franchises SL v European Union Intellectual Property Office (EUIPO) (Case T-1/17, March 15 2018), the General Court has dismissed an appeal against the revocation, upon request by the Italian government, of the EU figurative trademark LA MAFIA SE SIENTA A LA MESA ('The Mafia takes a seat at the table'), in which 'La Mafia' was the dominant element. The mark was registered for clothing and footwear (Class 25), business services including services in relation to franchises (Class 35) and services for providing food and drink (Class 35). The trademark was deemed to be “contrary to public policy and to accepted principles of morality, since the word element ‘Mafia’ referred to a criminal organisation”.
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