Can CHOPIN be marked as a trademark?

The name Chopin immediately brings to mind the famous Polish-French composer and pianist Frédéric Chopin.

His name is known worldwide in connection with classical music and also carries strong cultural significance in Poland. It is precisely this fame that lies at the heart of a recent decision by the Board of Appeal of the European Union Intellectual Property Office (EUIPO). The Polish Fryderyk Chopin Institute registered CHOPIN as an EU trademark for a wide range of goods and services. After a third party applied for cancellation for non-use, the registration was revoked for some of those goods and services. The Institute appealed.

Notably, the Board expressly refers back to the earlier GEORGE ORWELL case, which we have written about before. In that case, the EUIPO’s Grand Board held that, for goods and services including books, digital media and educational services, the public would not perceive GEORGE ORWELL as a trademark, but primarily as a reference to the author, his work and the ideas associated with him. A name so closely connected with the content of a product cannot function as an indication of origin.

CHOPIN raises a slightly different legal question. The issue here is not whether the mark can be registered, but whether it has actually been used as a trademark. For use to qualify as genuine trademark use, it is not enough for CHOPIN to simply appear on a product or in connection with a service. The public must also be able to perceive the name as an indication of origin. According to the Board, the reasoning in GEORGE ORWELL may therefore be relevant: if CHOPIN, in relation to cultural activities, education, printed matter or digital media, for example, is perceived only as a reference to the composer of the subject matter of the products, such as Chopin’s music, there is no trademark use. 

The Board has not yet reached a definitive conclusion, however. Proceedings concerning the GEORGE ORWELL decision are currently pending before the General Court of the European Union. The CHOPIN proceedings have therefore been stayed until a final decision is reached in GEORGE ORWELL. This gives that earlier case much broader significance: it may affect not only the registration of famous names, but also the validity of existing trademarks and whether they are being validly used as trademarks.

To be continued!

Author: Arnaud Bos

Bio: Arnaud is trademark attorney and within Knijff responsible for the marketing & communication. Arnaud is specialist in the metaverse and music sectors and his client portfolio includes many upcoming and renowned bands. He keeps a close eye on the latest case law in the EU and will let you know when he sees remarkable applications.