Vulva-shaped jewelry registered as trademark

In 2021, the Spanish designer Laura Ivorra applied for the registration of one of her jewelry designs as a figurative trademark before the EUIPO, which consisted of three medals representing a vulva. In the first instance decision, the EUIPO denied the trademark registration, considering that it was contrary to public order and good customs, since it could be associated with the Virgin Mary due to the similarity between the designed female genitalia and the way the Virgin is represented in charms and jewelry. The designer appealed the decision, arguing that the sign had an artistic character and did not convey any religious message, but was only a work framed within jewelry charms, which are elements commonly used in different contexts. The Third Board of Appeal of the EUIPO, after reviewing the case, reversed the initial decision, concluding that the design did not refer to religion or the Virgin Mary, but that such considerations only reflected the opinion of the examiner at first instance.