Fame can stand in the way of trademark registration. That proved decisive in the application for SAGRADA FAMILIA filed by the foundation behind the construction of the Sagrada Familia. Does the public see the name Sagrada Familia as a trademark, and therefore as an indication of origin for goods or services from a single undertaking, or instead as a reference to the famous monument?

Parody brand ‘mumumelon’ is crystal clear about its intentions: “mumumelon is a dupe activewear brand. A deliberate shameless copy of lululemon. We made it to make a point.” A parody brand with a sharp message. The criticism is aimed at the polluting production of clothing. In many cases, a parody falls within the scope of freedom of expression. But not always.

Do you remember our blog about Converse’s opposition to the trademark application for a circle on the ankle of a shoe featuring “CEBO”? The EUIPO gave the parties time to explore a possible settlement. As no agreement was reached, the Opposition Division has now issued its decision.

Clothing brand Original Penguin has used a penguin as a distinctive element of its brand identity for decades. Now Pudgy Penguins uses penguin branding, a brand that first became known in the Web3 and NFT space. While one brand built its reputation in the traditional fashion industry, the other has increasingly moved into clothing and merchandise. That is precisely where the conflict arises.

In a recent opposition, Home Box Office (HBO) objected to the European trademark application for a figurative mark containing the words GAME OF DRONES. The EUIPO rejected the mark. According to the Office, the relevant goods and services were identical: toy drones fall within the broader category of toys, and the requested entertainment, educational, and training services corresponded fully with the earlier registration for GAME OF THRONES.

Schwan-Stabilo has long been a well-established player in the world of writing instruments and office supplies and is known for its clear and recognizable figurative marks. In a recent opposition, the dispute was not about words but about an image that can immediately suggest a particular commercial origin: a black swan.

What started as an app to book a ride with a few taps has grown into a platform with multiple variations and subservices, from rides to delivery. That expansion often shows up in trademark portfolios as well. But that wide cover has a weak spot. If the mark is not actually used, someone can challenge it. And that is exactly what happened with UBER.

KangaROOS has been an established name in the world of sports footwear and apparel for decades. The brand is inseparably linked to the stylised kangaroo that is registered as a figurative mark in numerous countries. When a surf-oriented clothing brand sought to register a new kangaroo holding a surfboard as a European trademark, the question arose how far the room for manoeuvre for using a kangaroo within the clothing and footwear sector actually extends.

Grupo Modelo, the company behind the Corona brand, sought to register a graphic element from the Corona label as a European Union trademark: a black circular shape bearing the words LA CERVEZA MÁS FINA with a crown above them. Can such an element function independently as a trademark?

The English company ABBA Nutrition sought trademark protection for the name ABBA for, amongst other things, nutritional supplements, medical equipment, drinks, distribution of supplements, restaurant and hotel services and medical services. The famous Swedish band objected to this based on its famous trademark ABBA for music.

We all know emoji as digital pictograms that add expression or emotion to our messages. What is less well known is that “emoji” is also registered as a trademark by the German company Emoji Company. In a recent opposition case, that mark clashed with KIKKOMAN EMOJIGRID, applied for by the Japanese company Kikkoman.

What happens when someone tries to steal Erling Haaland’s name – not on the pitch, but as a trademark?
A Polish man thought he was being clever by registering “HAALAND” before the famous striker did. But the Terminator wasn’t about to let that slide.
What followed was a legal battle full of bold moves, unbelievable excuses, and one clear message: you don’t mess with Haaland – not even off the field.

Can you parody a well-known brand? The branding of Pakistan coffee chain Sattar Buksh shares a striking resemblance with that of Starbucks. Sattar Buksh openly admitted that Starbucks had inspired them. The founders find it amusing that “Sattar Buksh” sounds similar to “Starbucks” but explain that the wording has a completely different meaning.

Chinese company Dreame Technology, best known for its high-tech hair dryers and especially vacuum cleaners, declared its ambition to compete with hypercar makers like Bugatti. Dreame wants to build the world’s fastest car—by adapting the powerful motors from its vacuum cleaners for use in electric supercars. But what if Dreame’s dream car also looks a lot like the Bugatti Chiron we know?

Skechers once wanted to protect the position of the visible cushioning of the Skechers shoe as a European trademark. But that attempt failed. The European Trademark Office found that the sign did not sufficiently deviate from the norm within the sector. In other words, the position mark lacked distinctiveness.

Now Nike has filed a position trademark for the visible air unit on its shoe.

From time to time, companies in other sectors attempt to create a parody of an existing brand. After all, they argue, their product comes from a completely different industry, so confusion is unlikely. Such is the case with the dog treat from the company Wigglewow, named “Maker’s Bark.” The dog treat is shaped like the bourbon bottle, complete with the distinctive red wax on the cap.

The Ethereum-based gaming network Xai is taking xAI, Elon Musk’s AI company, to court. Xai’s parent company, Ex Populus, filed a lawsuit in California for trademark infringement. At the heart of the case lies the question of whether there is a likelihood of confusion between the two marks. According to Ex Populus, the similarity between “Xai” and “xAI” is misleading and damaging to their brand.

The line between inspiration and copying is a fascinating one and has fueled countless copyright disputes for decades. In trademark and design law, too, the appropriation of distinctive designs, logos, or catchy names often sparks debate. In graffiti art however, appropriating images is often considered a form of tribute or commentary on the original creator’s work.