"Pig Demont": a ham not to the taste of Carles Puigdemont
In December 2017, Juan Alberto Gonzalez, head of an Andalusian company specialising in cold meats, makes a trademark application. The PIG DEMONT mark, intended to be affixed to hams, represents a blue-eyed pig wearing glasses. The former independence leader of Catalonia, Carles Puigdemont, immediately opposed the registration of this mark.
PIG DEMONT: the brand that doesn't make the Catalan leader laugh
Informed of the filing, Carles Puigdemont first of all demanded the withdrawal from trade of hams with the trademark PIG DEMONT. He also filed an opposition to the Spanish Trademark Office in February 2018.
He then argued that the mark PIG DEMONT had a strong phonetic similarity with his family name. However, pursuant to Article 9.1 of the Spanish Trademark LawIn the case of a trademark, it shall be prohibited to register a trademark which reproduces or imitates the name of a person other than the applicant, in particular if it is a public person, easily identifiable.
The plaintiff, Juan Alberto Gonzalez, disputes this interpretation. He claims that the name of his company means "mountain pig". The name would thus be formed by the English "pig" and the French "du mont".
However, this argument is not convincing. Indeed, the chosen logo also evokes the politician. However, the entrepreneur went so far as to state that Puigdemont could not claim ownership of the haircut and the glasses. Gonzalez continued the provocation: "That he ends up in a caricature of a pig is more his problem than mine. »
For its part, the Spanish Trademark and Patent Office (OEPM) had chosen to suspend the procedure in May 2018. In the meantime, the Office has carried out the ex-officio examination of the PIG DEMONT trademark.
Refusal of registration of PIG DEMONT by the Trademark Office
On July 6, 2018, EPPO finally chose to terminate the registration procedure of the PIG DEMONT trademark. This procedure amounts to an administrative refusal.
In addition to the objections raised by Puigdemont, the Office considers that the mark is contrary to public policy and morality. In its view, the offensive allusion to the former President of Catalonia is likely to shock part of society. Some have criticised the Office for having carried out this ex-post control once the case had been made public. Even though the ex-officio control is supposed to take place before the publication of the PIG DEMONT mark.
In any event, the depositor has indicated on its websiteHis company has chosen to appeal, in order to defend its rights, but also the freedoms provided for in the Spanish Constitution. Juan Alberto Gonzalez is even considering taking legal action, should this prove necessary.
However, the depositor indicated that in order "to avoid misunderstandings, and with good humour", the site will soon be reopened under a new name.
While waiting to find out which name has been selected, you can already deepen your knowledge of the registration and opposition procedures, which are detailed in the Brand Guide.