La Mafia Franchises, SL v European Union Intellectual Property Office

European Union – Trade marks. The applicant company's predecessor had successfully applied to register a figurative trade mark 'La Mafia SE SIENTA A LA MESA' as an EU trade mark. Italy's application to the European Union Intellectual Property Office (EUIPO) for a declaration of invalidity in relation to the mark was granted on the basis that the mark might be deemed to support or benefit a criminal organisation and was therefore contrary to public policy as set out in art 7(1)(f) of Council Regulation (EC) No 40/94, as amended. The General Court of the European Union, in dismissing the applicant's application for annulment of EUIPO's decision, held that EUIPO had not erred when it had found that the contested mark had been contrary to public policy.

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