An energy drink called Brexit will not get Europe-wide trademark protection after an EU agency initially decided its name was “offensive” before later ruling the brand name was too confusing instead.

Polish entrepreneurs Pawel Tumilowicz and Mariusz Majchrzak, who run the business in Prestwich, Greater Manchester insist they called their drink, which boasts Union Jack branding, Brexit “for a laugh”.

But the European Union Intellectual Property Office (Euipo) did not see the funny side. An official castigated the cheeky Poles for causing offence with their trademark protection.

“Citizens across the EU would be deeply offended if the expression at issue was registered as a European Union trade mark,”’ Euipo said.

“For this reason the registration of the word ‘Brexit’ would represent an attempt to undermine the weight of an expression denoting a seminal moment in the history of the European Union.”

That decision was appealed and went before Euipo’s Grand Board of Appeal, which published their final January judgment on Wednesday.

It said the agency was wrong to prevent the trademark protection on the grounds it could give offence but said “Brexit” was not “distinctive” enough to qualify under EU law and would confuse people.