![]() Or that, on that date, the trademark was associated with another commercial origin”.ĮUIPO therefore correctly found that the contested mark was distinctive. The court noted that the Board of Appeal takes the view that the Batman character was always associated with DC Comics and that the evidence put forward by the company and Aprile “is not sufficient to show that this was not the case on the date of filing of the application for registration. The General Court noted that the Board of Appeal correctly found that the contested mark was distinctive. ![]() The applicants then brought their grievances to the Luxembourg-based general Court of the EU. The invalidity application was rejected by EUIPO, first by its cancellation division and then by its Board of Appeal. They argued it was devoid of distinctive character and was descriptive, both of which preclude registration of the trademark and warrant, where appropriate, a declaration that it is invalid. ![]() Italian clothing retailer Commerciale Italiana Srl and its single shareholder, Luigi Aprile, had applied in 2019 to invalidate the trademark at the EUIPO. The EU’s General Court has sided with an EU Intellectual Property Office (EUIPO) decision that DC Comics’ Batman logo has sufficient distinctive character to qualify for an EU trademark (EUTM).Īccording to the court, the “fact that that mark consisting of a bat in an oval surround is associated with a fictitious character does not, in itself, make it possible to rule out that that mark can also serve as an indication of the origin of the goods in question”. ![]()
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