EU court blocks 'Pablo Escobar' trademark, citing moral concerns

Court of Justice of the European Union has ruled on a complaint by Escobar Inc., a company based in Puerto Rico, against the European Union Intellectual Property Office (EUIPO) for denying the registration of the 'Pablo Escobar' trademark within EU borders.

In September 2021, Escobar Inc. applied to EUIPO for the 'Pablo Escobar' word mark, aiming to use it for a wide array of goods and services.

EUIPO rejected the application, stating that a trademark bearing such a name "is contrary to public policy and the accepted principles of morality", highlighting Pablo Escobar's notoriety as a deceased Colombian narcotics kingpin.

According to the CJEU's ruling, 'Pablo Escobar' cannot be a trademark. EUIPO correctly judged Pablo Escobar's association with drug trafficking, narco-terrorism, and the ensuing crimes and suffering to outweigh any possible philanthropic actions in Colombia. Escobar Inc. had argued that Escobar was akin to "Colombia's Robin Hood."

The CJEU determined that such a trademark would be viewed as contrary to Spanish society's values and fundamental moral standards, affirming that Escobar Inc.'s aim to register 'Pablo Escobar' was primarily targeted at Spanish-speaking audiences.