Recent sport between Barcelona and Real Madrid. .
The Court of Justice of the European Union This Wednesday, he gave the cause to the European Intellectual Property Office (EUIPO) in its refusal to register the identify “El Clasico” as a protected European trademark, as requested by LaLiga and which introduced the case earlier than European justice to enchantment the first refusal. .
In its judgment, the Luxembourg-based Court confirms EUIPO’s reasoning that the indisputable fact that the mark is descriptive or has no distinctive character in a single of the official languages of the Union is adequate to refuse registration.
It additionally confirms that, though it seems with out the corresponding accent, the time period “classic” is definitely understood in the sense that it refers to the Spanish phrase “classic”, in order that the audience will understand that the mark designates, specifically, one thing conventional or attribute and that it refers to a sporting rivalry.
The expression “el Clásico” in Spanish has a instantly descriptive that means in relation to the providers for which registration has been requested. (training, sporting occasions, competitions and awards, group of competitions, and many others.), in keeping with EUIPO.
He additionally concluded that Professional soccer league didn’t submit any doc demonstrating the distinctiveness assumed acquired with the use of the expression and insisted that it considers that the expression is used “rarely” in the method by which registration was sought and that its use is “descriptive” to tell the public.
LaLiga, which in February 2017 obtained World Intellectual Property Organization (WIPO) the International Register, maintains that “El Clasico” can’t be thought of descriptive or devoid of distinctiveness attributable to the excessive degree of data, reputation and popularity that the model has acquired by utilizing it to discuss with clashes between the Real Madrid and Barcelona.
For European authorities, nevertheless, the phrase “classic” in Spanish means one thing conventional and attribute and it is going to be perceived by the Spanish, French, German, Dutch and Portuguese public as an expression to explain a sporting confrontation between groups with notable rivalries, and never solely in the case of soccer matches.