Jaume Alonso-Cuevillas, Carles Puigdemont’s (former President of the Generalitat) lawyer, challenged the registration of the trademark 'PIG DEMONT', a company intended to offer products which come from Andalucia (Malaga), based on the alleged 'offence and humiliation' to the image of Puigdemont.
Jaume Alonso-Cuevillas said that both the name of the company and the logo with which it is marketed (a pig with a hairstyle and glasses that appears to be similar to Puigdemont), is "offensive" and "phonetically similar to a surname, not authorised to use".
Following this challenge, the Spanish and Patent Trademark Office (OEPM) suspended the filing of the mark based on the following reasons:
“01) The mark applied for is prohibited, for all the classes applied for, by Article 5.1.f) of the Trademark Law (Law 17/2001, of December 7th), as it is contrary to the law, contrary to public policy and to accepted principles of morality, given that the sign applied for alludes in an offensive manner to a former president of an Autonomous Community, which may offend the sensibilities of a part of society.
02) The mark applied for is, for all the classes applied for, prohibited by Article 9(1)(b) of the Trade Marks Act (Law 17/2001, of 7th December), since it contains or resembles the surname 'Puigdemont' of the former President of the Autonomous Community of Catalonia, which, for the general public, identifies a person from the applicant, without providing due authorisation.”
Although the trademark applicant, Albeto González López, has replied to the suspension of registration, , the company has temporarily closed based on “social pressure”.
Written by: Cristina Garcia Alzina