Rosalía’s legal setback with her “LUX” trademark is a perfect example of something we always stress at the firm: branding cannot go against the rules of intellectual property.
What the EUIPO decided
The EUIPO (European Union Intellectual Property Office) refused to register the trademark on the grounds that the word reads more like a “luxury” attribute than a unique commercial identifier. In trademark law, this is known as a lack of distinctive character.
The lesson for any company
Large marketing teams often fall in love with a name for its aesthetic or aspirational appeal, but overlook whether it can actually be registered. If consumers perceive a product name as a descriptive adjective, the law will not grant a monopoly over that word.
Not even the popularity of a global artist can bypass the basic principles of intellectual property. If the legal foundation is weak, the trademark falls.
The registrability analysis comes first
At Synowiec & Asociados we insist that a registrability analysis should be step zero of any project, whether musical or corporate. Designing a business identity without a prior legal filter is, sooner or later, a lost investment.
Advice on this topic
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