The end of the MICK JAGGER trademark (for now)

A bold move: Jagger Junk takes on one of the world’s biggest celebrities — MICK JAGGER.

The Danish company behind Jagger Junk requested that the MICK JAGGER trademark, owned by Musidor B.V. (the Dutch intellectual property company of the Rolling Stones), be revoked.

The Danish company behind Jagger Junk requested that the MICK JAGGER trademark, owned by Musidor B.V. (the Dutch intellectual property company of the Rolling Stones), be revoked. According to Jagger Junk, the trademark has not been genuinely used within the European Union during the past five years — a requirement for maintaining trademark protection.

Musidor, however, argued that there has been use, at least for some of the goods and services — specifically, for music files and entertainment. The company did not defend the trademark for the other goods and services. Musidor also contended that use by Mick Jagger himself and by licensees should count as legitimate use.

The name MICK JAGGER, they said, functions not only as an indication of the person but also as a brand and quality label for music and entertainment. Because the artist’s name and the trademark coincide in the sale of music recordings and live performances, Musidor claimed there was indeed use as a trademark.

Finally, Musidor argued that sales outside the EU should also be taken into account, since Mick Jagger and his name enjoy worldwide fame.

However, the European Union Intellectual Property Office (EUIPO) did not agree. The evidence Musidor submitted was considered too limited. Some of it fell outside the relevant time period, and other parts concerned sales outside the EU. The EUIPO emphasized that the fame or reputation of the name holder does not replace actual trademark use — there was not enough commercial use of the name MICK JAGGER as a trademark for goods or services.

Because of the lack of sufficient evidence, the EUIPO granted Jagger Junk’s request.
The MICK JAGGER trademark has been completely revoked.

Even though Mick Jagger remains a global icon, he has — for now — had to surrender his trademark rights in the EU. However, an appeal has been filed…

Author: Erik Stegeman

Bio: Erik Stegeman is a trademark attorney and specialist in trademark protection for bands, DJs and artists. His client portfolio includes many famous DJ’s like Charlotte de Witte, Swedish House Maffia and Tiësto. He writes a lot about music trademark infringements. And if you are lucky, he will give you hints on the latest band and DJ’s.