26 Nov Banksy, who once said that “Copyright is for losers”, loses in the EU his figurative mark for “The flower thrower” filed in bad faith.
In September, the EUIPO’s Cancellation Division upheld the application for invalidity filed against the trademark registration for the iconic stencil “The flower thrower” because it considers that it was filed in bad faith.
In February 2014, the popular and anonymous street artist Banksy filed, through the company Pest Control Office Limited who acts as his legal representative in view of keeping the artist’s identity hidden, the European Union trademark No. 12575155 “the flower thrower”.
In March 2019, Full Colour Black Limited filed an application for invalidity of this trademark under article 59(1)(b) bath faith in filling and 59(1)(a) in connection with articles 7(1)(b) and (c) absolute grounds for refusal of the European Union Trademark Regulation.
There is a say which is: Loose lips sink ships, and it is precisely Banksy’s several statements that pushed in part the bad faith resolution passed by the EUIPO.
Banksy declared in 2006 that “copyright is for losers” and on many occasions the artist has encouraged people to copy, reproduce or modify his artworks for fun, for academic purposes or for social activism.
Immediately after the application for invalidity, Banksy opened a shop that the public could not access, and later stated that the only purpose was to circumvent trademark law (all in all, to avoid a declaration of invalidity for non-use of his trademark registration).
The evidence submitted by the plaintiff conveys for the Cancellation Division that, at the time the trademark application was filed, Banksy had no intention to use the trademark with its specific functions that is showing the commercial origin of some products or services.
The Cancellation Division concludes that Banksy sought to obtain exclusive rights unlimitedly over the time for the sign 
,which could not be obtained under copyright law, and that this is not the function of a trademark. Banksy remaining anonymous has not been of any help since it is also questioned whether the latter is the author of the artworks.
Finally, we have been aware that Banksy, again through Pest Control Office Limited, refiled a figurative trademark for “The flower thrower” (EUTM 18118853), and that many of Banksy’s stencil artworks have been registered as trademarks in the EU in the name of the company representing the artist.
Is good faith at the origin of them?
If you wish to access the full text of the decision, please click HERE
Written by Sílvia Oliver
Photo by Maxim Kotov on Unsplash