Trademark for Being Rude
INDECOPI (Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Intelectual – National Institute for the Defense of Competition and the Protection of Intellectual Property) has denied the trademark registration application filed by comedians Jorge Luna and Ricardo Mendoza for their program “Hablando Huevadas.” The decision was based on considering the proposed name a vulgar and inappropriate expression, which contravenes the ethical and public order rules in force in the country.
Justification of the Decision
Indecopi based its decision on Article 135, paragraph p) of Decision 486, Common Regime on Industrial Property. This article prevents the registration of trademarks with signs contrary to the law, morality, public order, or good customs. In this case, it was determined that “Hablando Huevadas” is an expression that could be offensive and is not socially acceptable in everyday language.
Impact and Considerations
The analysis of the Directorate of Distinctive Signs pointed out that, although the program is for entertainment, its content may reach a diverse audience, including children and adolescents. Indecopi considered that the phrase in question could negatively influence the training and education of these vulnerable groups, as it denotes an attitude of rejection and lack of seriousness.
Conclusion: What’s Next for “Hablando Huevadas”?
The creators of the popular YouTube show “H.H.” now face the challenge of reconsidering the name of their show if they wish to protect their trademark legally. The Indecopi’s refusal highlights the importance of brands meeting specific ethical and social standards, especially when targeting a broad and diverse audience.
Fuente: La República 13/08/24