The answer was recently provided by the EUIPO through its Enlarged Board of Appeal, the highest decision-making body within the Office. The full resolution, dated November 28, 2024, is available HERE.
The case began in May 2020 when the audiovisual production company Turner Broadcasting System Europe (TNT) filed an application for a word mark for audiovisual recordings and entertainment services in classes 9 and 41.
The trademark is associated with the TV series of the same name, which premiered in 2021. The series is a fictional production based on the memoirs of Bob Pop, a Spanish writer and TV critic, who serves as its screenwriter.
EUIPO initially rejected the application, citing that it violated public morality and therefore infringed Article 7(1)(f) of the EU Trademark Regulation. The examiner argued that the expression was offensive not only to the specific target audience of the products associated with the mark but also to the general public, particularly children and young people in Spain. The term “MARICON PERDIDO” (hopeless faggot / hopeless poofter) was deemed even more offensive than the word “maricón” (faggot) on its own.
The refusal was appealed by the applicant, who argued that the expression was commonly used and had a connection to Bob Pop’s series, which addresses his experiences with homophobia during his youth. The applicant also pointed to other similar trademarks granted by the EUIPO, such as “MDE MARICONES DEL ESPACIO.”
The appeal was rejected by the nine-member Chamber, which concluded that “MARICON PERDIDO” is a homophobic insult that contradicts human dignity and the generally accepted principles of morality.
Turner’s argument that the expression had been rehabilitated or reappropriated was also dismissed. According to the EUIPO, the offensive tone of the expression remains persistent for a significant portion of the Spanish public, including the LGBTQ+ community.
This decision is not final and TNT may appeal it before the General Court of Justice.
Ignacio Temiño
Lawyer