The EU Intellectual Property Office (“EUIPO”) has refused to protect F*cking Awesome as a trade mark on the grounds it lacks distinctiveness. FA World Entertainment own three registered trade marks in the United States for the mark F*CKING AWESOME, those marks were filed between 2017 and 2020. An international trade mark designating in the EU was subsequently filed and those three earlier marks were used to claim priorty. However, although the marks were accepted by the US Patent and Trade Mark Office, the EU have found the mark lacks distinctiveness and thus should not be registered. The internationally recognised test for whether a trade mark is registerable is distinctiveness, though it varies between jurisdictions as to what constitutes distinctiveness. This case is a clear demonstration of that as whilst the threshold to demonstrate distinctiveness in the US is a low one, the requirement to demonstrate the same in the EU is higher. If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com. in: Case Law, Civil Procedure, EU/International, Legal News, News, Trade Marks
Jellycat is The Latest Brand to Bring a Claim For Intellectual Property Infringement Against Aldi
This week, it has been revealed that Jellycat has made a claim against Aldi after a dupe of Jellycat’s Dexter
