The Barcelona Commercial Court No. 2 examined an unregistered Pacha brand in the class covering financial, monetary, and property insurance services raised by an island resident who is not tied to the well-known nightlife group born from a club that opened in Sitges in 1967 and later established itself in Ibiza in 1973. The prosecutor labeled the registration as fraudulent, and the defendant was identified as part of the heirs of a company associated with the Pacha group, Promotions Pacha International SA.
The company behind this dispute was founded in 1984 by the defendant’s father and a partner, with another individual contributing to the use of the Pacha sign in the real estate field, though the arrangement did not secure lasting protections. Although the company was deregistered in 2007, the defendant placed the trademark on record in 2016 with the Spanish Patent and Trademark Office. The decision notes that an appeal remains possible against this registration in the Barcelona County Court.
The court found that the defendant failed to demonstrate actual use of the trademark since 2016 despite the registration. His defense argued that he had a legitimate interest in the registry because he had operated in real estate services since 2003.
The Barcelona Commercial Court accepted that the plaintiff, Nube SL, one of the entities within the Pacha nightclub holding group, provided hospitality and accommodation services. The judge highlighted that the defendant resides in Ibiza, a small island associated with the famous Pacham nightclub founded in the early 1970s, which the court noted as supporting the likelihood that the Pacha hotel had been in operation since 2003 at the relevant date.
In June 2021, the defendant objected to the registration of the brand for a site in Formentera described as an establishment. The court considered that given the recognition and reputation of the Pacha mark, the defendant had previously sought to register the mark with speculative intent and to block the plaintiff from expanding its Pacha brand family.
The venture capital fund Trilantic Europe acquired the Pacha group in 2017 and subsequently began a phase of restructuring, designing strategies, and strengthening operations, including the hospitality sector. It became the owner of seven distinct brands under the Pacha umbrella, one of which carries two cherry symbols that represent the famed Ibiza nightclub.
real estate services
In examining the defense, the court rejected the argument that the Pacha brand had no reputation in 2016 or that it did not cover real estate services. While the brand has long been associated with nightlife since 1973, the judge noted that its recognition extends beyond that sector and holds national significance with a historical footprint.
The ruling also emphasized that using the same phonetic sign in different fields could easily lead the public to associate the marks. As a result, the court concluded that Pacha can cover services beyond nightlife, especially those related to leisure, hospitality, and tourism, creating a broad footprint for the brand across multiple industries.
The decision, while addressing the Spanish Patent and Trademark Office’s prior stance, leaves room for consideration of potential confusion or association between rival brands in similar markets. The outcome underscores the importance of clear use and strategic intent when managing international brand portfolios that span hospitality, real estate, and leisure services across regions.