The “Flower Thrower”, one of Banksy’s most recognised works, was painted on a wall in Jerusalem in 2005.
In 2014 Pest Control Office Limited (PCO), the company through which Banksy operates, registered it as trademark in EU.
In March 2019 Full Colour Black Limited (FCB), a selling company of greeting cards which reproduce Banky’s works, filed a cancellartion action on the grounds that the mark was filed in bad faith.
On 14 September 2020, the EUIPO issued a decision, holding that the EUTM is invalid in its entirety on the ground of bad faith.
The EUIPO asserted that the purpose of filing the EUTM was a loophole for obtaining some protection over a work of art in relation to which the artist could not enforce copyright. According to the EUIPO, the trademark has not been filed with the intention of exclusive right within the normal functions of a trademark. The aim of a trademark registration is to permit the owner to protect a signs for goods and services that consumers identify with that owner alone.
But it’s not over, the decision to cancel the “Flower Thrower” registration can be appealed.