A Spanish restaurant chain called The Mafia Sits at the Table may soon have to change its name after the country’s patent and trademark office heeded objections from the Italian government and ruled that the brand’s nomenclature ran counter to “both public order and morality”.
Italy has pursued its claim against the chain – known in Spanish as La Mafia se sienta a la mesa – through various courts and official bodies over the past few years, alleging that the name trivialises both organised crime and efforts to fight it.
In 2018, the EU Intellectual Property Office ruled that the name was invalid as it conveyed a “globally positive image” of the mafia. It added that the brand was “therefore likely to shock or offend not only the victims of that criminal organisation and their families, but also any person who, on EU territory, encounters that mark and has average sensitivity and tolerance thresholds”.
Eight years later, the Spanish Patent and Trademark Office has also ruled in favour of Italy and declared the name of the chain to be invalid.
The chain, which can appeal the decision, had argued that it had taken its name from a recipe book rather than the criminal organisation, and that the word “mafia” was no longer exclusively associated with illegal activity. The ruling noted that the company had said that “the term mafia is indeed used in other industries such as audiovisual or literary, and the Spanish public identifies this term as an allusion to a cultural phenomenon, rather than a criminal organisation.”
But it also pointed out that Italy had explained that the word applied to a global criminal organisation that also operated in Spain: “As [Italy] notes, the most common crimes of said organisation are, among other things, the smuggling of drugs and weapons, organised crime, piracy, money laundering, corruption of public officials and murders.”
Ruling in favour of Italy’s application, the office said: “The controversial name runs counter to both public order and morality. The main name directly reproduces the name of a real criminal organisation, whose activity is not a remote or merely literary phenomenon, but a persistent reality.”
The chain described the ruling as “unprecedented in Spain” and said it was considering an appeal. It also said it had successfully renewed its trademark with the office several times over the past two decades, and had tried to discuss the case directly with Italy’s ambassador to Spain.
“Over the years, we have tried on numerous occasions to explain the origin and meaning of our name, but we haven’t had a real opportunity to do so,” said company sources. “As has always been the case, we are uninvolved and distance ourselves from any negative connotations attributed to us by the Spanish Patent and Trademark Office and the Italian embassy. Our focus is on continuing to build the company’s future, and we remain true to the essence of the project: a high-quality Italian-Mediterranean culinary offering and a distinctive dining experience.”
