UKIPO Rejects Picasso Family Opposition to Whiskey Mark

A UKIPO hearing officer has dismissed an opposition brought by Florian Ruiz-Picasso, great-grandson of the artist, against a third-party application to register PICASSO for whiskey and related goods. The opponent relied on his earlier UK mark FLORIAN PICASSO, also covering beverages. After assessing the marks side-by-side and considering the goods, the hearing officer found insufficient similarity to give rise to a likelihood of direct or indirect confusion among average consumers. The visual, aural and conceptual differences between the marks outweighed any shared element, and the goods were held to be only weakly similar. Evidence of the opponent’s use did not establish enhanced distinctiveness capable of bridging the gap. The decision confirms that even well-known names enjoy only the scope of protection afforded by their actual registered marks and the goods for which they are used.

Small-business owners should conduct thorough clearance searches that consider the precise wording and goods of existing marks rather than assuming fame alone will block similar registrations.