Commerciale Italiana Srl had challenged a decision by the EU intellectual property office (EUIPO) to reject its request to consider the trademark - registered in the EU by Batman owner DC Comics in 1998 - invalid on certain types of goods such as clothing and carnival items.
The retailer asked the EU General Court to annul EUIPO’s decision, arguing that the trademark logo was “descriptive”, not “distinctive”, and that this should have prevented it from being registered in the first place.
In its ruling the general court said the evidence submitted “is not sufficient to show that the EU trademark [...] was devoid of distinctive character on the date of filing of the application for registration.”
“For the relevant public, that distinctiveness makes it possible to associate, according to EUIPO, the goods covered by the trademark with DC Comics and to distinguish them from those of other undertakings,” it continued.
Commerciale Italiana Srl can appeal against the decision to the EU Court of Justice.
ANSA
