The “Mafia” Restaurant Rebrand: when a trade mark goes too far

Having your trade mark protected as a registration is not just dependent on how distinctive your marks is, sometimes it also depends on public policy.

A Spanish restaurant chain had traded for years under the name “La Mafia Se Sienta a la Mesa” (“The Mafia Sits at the Table”), building a successful brand across Spain and Portugal. It even secured trade mark registrations in Spain and the EU.

However, the Italian Government challenged the EU registration for the stylised word mark depicting a red rose, arguing that the mark trivialised organised crime and undermined efforts to combat the real harm caused by the Mafia, the notorious organised crime network that originated in Sicily, Italy. The EUIPO agreed, finding that the mark presented the Mafia in a positive, convivial context associated with food, hospitality and relaxation, thereby diminishing the seriousness of the criminal organisation’s activities.

The restaurant group argued that the branding was intended as a reference to popular culture and films such as The Godfather. The courts were unconvinced, holding that any perceived cinematic connection did not alter the public’s understanding of the term “Mafia” or the harm associated with it.  Following unsuccessful appeals, the EU registration was eventually cancelled. More recently, the Italian Government successfully relied on the EU decision to challenge the restaurant group’s earlier Spanish registration, resulting in its cancellation in 2026.

The chain has now rebranded as “La Famiglia Se Sienta a la Mesa”. While “la famiglia” may still evoke pop-culture associations with the Mafia, the new name overall appears sufficiently removed from direct references to organised crime.

The lesson for brand owners?

When selecting a trade mark, it is worth considering not only whether the mark is available and distinctive, but also how it may be perceived by the public. A brand that references controversial organisations, historical events or sensitive social issues may face challenges on public policy or morality grounds, regardless of its commercial success.

Sometimes the greatest risk to a brand is not confusion with a competitor – but the message the brand itself conveys.