Murka an online casino company applied for an EU trademark ‘Scatter Slots’ for Class 41 – online games and casinos.
EUIPO refused to register this mark based on absolute grounds – descriptiveness and lack of distinctiveness. According to the Office, Scatter is understood by consumers as the so-called scatter symbols that act as a key to unlocking bonus features. On top of that Slots is connected with slot machines widely used in casinos. The mere combination of two descriptive elements can’t make a sign eligible for trademark protection.
The decision was appealed but the General Court of the EU upheld it confirming the descriptive nature of this mark.