/ Mielei & Miel Gibson

Martin Vicuna
Associated

The mixed trademark “Mielei” is in the registration process, a trademark requested to distinguish “honey butter” from class 29 that makes a play on the name of the recently inaugurated Argentine president Javier Milei. This case is quite similar to another similar one that already occurred in our country, with Miel Gibson, which obtained a negative resolution for the applicant, after Mel Gibson spoke out against the application and INAPI objected to the registration. The first uses a caricature of a bee with a representation of the face of the trans-Andean president and the second, an image of the character played by Gibson, William Wallace.

In the case of the registration of “Miel Gibson”, Inapi raised formal observations, based on Law 19,039 in its article 20 where it indicates that terms cannot be registered as a trademark, and in its letter c), in which it explains that They cannot be registered as trademarks: “The name, pseudonym or portrait of any natural person, unless consent is given by them or their heirs, if they have died” (Law 19,039.)

In the case of Miel Gibson, actor Mel Gibson opposed the use of his face for this brand. On the other hand, the argument used by Miel Gibson was that the figure in the brand was not Mel Gibson. The figure used on the label was William Wallace, the Scottish liberator. The trademark applicant removed the image, but Inapi commented that in any case there are people with the name “Miel” so it was likely that there are people called “Miel Gibson”, thereby violating the law.

In the case of Mielei, nothing has happened yet, but it represents a world-famous person. There are no people called “Mielei”. Furthermore, the label and its design make a clear reference to the Argentine president Javier Milei. The image on the label is a caricature of a personified bee, in a circle, on a yellow background and in which you can see a representation of the Argentine president. Unlike the label that represented William Wallace in Miel Gibson, where you can see a capture of an image of this well-known actor representing the Scottish historical figure. And a representation, like any work, could be subject to copyright by its creator.

On the other hand, the law says that, to use the name or pseudonym or portrait of any natural person, authorization is required from him or her or his heirs. Historical figures who have died more than 50 years old can be registered as long as it does not affect their honor. It could be argued that Javier Milei, if he finds out, would have to give authorization for the use of his image or “portrait” in a mixed trademark that refers to his person.

The application in question was published in the Official Gazette on January 12, 2024 and there are 30 days, ending on February 23, to present any opposition.