FC Barcelona has lost a dispute over its CULE trademark. The General Court of the EU rejected an opposition by Fútbol Club Barcelona to the wordmark “KULE”.
The opposition was based on an alleged infringement of the club’s Spanish wordmark “CULE”, a Spanish variation of the Catalan word cul and used as a nickname for supporters of the club.
In 2011 US-based fashion company Kule filed an application for registration of the EU wordmark “KULE” with the European Union Intellectual Property Office (EUIPO). The mark sought protection for ‘jewellery and precious stones, wallets, purses and trunks’ and ‘clothing, footwear and headgear’.
After noticing this trademark application, Fútbol Club Barcelona (FCB) filed a notice of opposition, claiming it was confusingly similar to their wordmark “CULE” which the club has registered since 1982. FCB’s trademark registration covered the same products.
But the Opposition Division and the EUIPO Board of Appeal dismissed the opposition by FCB. And now the EU General Court confirmed this, stating FCB did not demonstrate genuine use of the trademark for the concerned products.
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