The General Court ruled in Case Case T‑614/14 Fútbol Club Barcelona v European Union Intellectual Property Office (EUIPO). The case concerns an attempt for registration of an European trademark KULE for classes 14q 18q 25.
Against this mark an opposition was filed by Fútbol Club Barcelona based on an earlier well-known trademark CULE for classes 14q 18q 25.
EUIPO dismissed the opposition due to the fact that the football club failed to provide sufficient evidence for a genuine use of the mark as well as for its well-known status.
The club submitted different extracts from dictionaries and web sites mentioning the word CULE referring to Football Club Barcelona. According to the EUIPO all of this is indirect evidences and cannot constitute genuine use of the mark or prove its well-known status.
The Court upheld this decision.
Source: Marques Class 46.
INTELLECTUAL PROPERTY PLANET 