Indecopi refuses registration of trademark for being rude
The National Institute for the Defense of Competition and Protection of Intellectual Property (Indecopi) has decided to deny the trademark registration application filed by comedians Jorge Luna and Ricardo Mendoza for their program “Hablando Huevadas”. The decision is based on the consideration that the proposed name is a vulgar and inappropriate expression, which contravenes the ethical and public order rules in force in the country.
Reasons behind 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 that include signs that are 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 considered offensive and is not socially acceptable in everyday language.
Impact and considerations
The analysis conducted by the Directorate of Distinctive Signs pointed out that, although the program is intended to entertain, 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. Indecopi’s refusal highlights the importance of brands meeting certain ethical and social standards, especially when targeting a broad and diverse audience.
Fuente: La República 13/08/24