The National Institute for the Defense of Competition and the Protection of Intellectual Property (Indecopi) has rejected the trademark application for “Hablando Huevadas,” a phrase considered vulgar and inappropriate for public use. This decision was made in response to a request from comedians Ricardo Mendoza and Jorge Luna, who sought to register the name for their entertainment services.
Reasons for Indecopi’s Rejection
Indecopi issued its ruling on June 27, 2024, stating that the term “huevada” is commonly used with a connotation of disdain and rejection, making it unsuitable for a broad segment of the population. The phrase “Hablando Huevadas” is interpreted as a vulgar expression that denotes trivial conversation, which the authority deemed contrary to good manners.
The decision was based on Article 135, subsection p) of Decision 486, which prohibits the registration of trademarks that are contrary to law, morality, public order, or good customs. Indecopi emphasized that the proposed trademark, although intended for entertainment services, would be accessible to the general public, including children and adolescents, which could be counterproductive to their education and development.
Implications of the Decision
While Mendoza and Luna can continue to use the name for their show, they lack exclusivity without the trademark registration. Indecopi’s decision highlights the challenges faced by brands that use colloquial or vulgar language, as such expressions may not meet the standards required for trademark protection.
The rejection of “Hablando Huevadas” serves as a reminder of the importance of language and cultural sensitivity in branding. Indecopi’s decision reinforces the notion that trademarks must align with societal norms and values, ensuring that they do not offend or mislead the public. As the entertainment industry continues to evolve, creators must carefully navigate these legal landscapes to protect their brands while respecting community standards.