Banksy is an urban artist and provocateur whose artwork, full of social criticism, has captured worldwide attention. Under anonymity and using a pseudonym, Banksy displays his art in public spaces. Banksy strongly opposes the use of his works for commercial purposes or to mislead the public about his authorship or origin of his works. For this reason, to guarantee the authenticity of his works, Banksy strategically protects his creations through his controlled company called Pest Control Office Ltd., safeguarding his anonymity and preventing fraud in the sale of his iconic creations. Among his most emblematic works is the ‘Girl with the Red Balloon’, which has achieved worldwide recognition. Like many of his creations, this work has been registered as a trademark in several countries as indicated below, to safeguard its authenticity and prevent unauthorized commercial exploitation.
European Union – Reg. No. 018118617. United Kingdom – Reg. Nos. UK00918118617 and UK00912575189. United States – Reg. No. 5614303.
In Argentina, a beer bar tried to register the trademark “BANKSY BEER (& Design)” in Class 43. Allende & Brea, on behalf of Pest Control Office Limited, filed the corresponding opposition based on the notoriety of the pseudonym Banksy and the well-known intellectual work “Girl with the Red Balloon”, both owned by the artist.
The opposition was based on the fact that the trademark application could affect the intellectual rights of the artist, since both the pseudonym Banksy and the work “Girl with the Red Balloon” are recognized worldwide for their artistic and intellectual value. The filing of this trademark application, without the due consent of Pest Control Office, was considered an act of bad faith, given that Banksy’s renown is easily verifiable through a simple internet search. This circumstance reinforces the idea that the applicant was trying to take advantage of the artist’s notoriety to obtain an economic benefit, negatively affecting the opponent’s exclusive rights over his works. As part of the opposition resolution process in which Allende & Brea represented the well-known artist, the opposition was filed and maintained with legal arguments and evidence on the notoriety of Banksy and his intellectual works. As a result, the Argentine Trademark Office denied the application for registration of the trademark “Bansky Beer” based on Article 2° of Resolution INPI P- 295/2024 (a recent regulation that provides for the refusal of those trademark applications in which the applicant has not expressed interest in maintaining the validity of the trademark).
