The General Court of the European Union has ruled in a case regarding a European trademark BET 365.
This mark was been registered in 2007 for different Classes of the Nice Classification including Class 41. Initially, EUIPO refused the registration based on absolute grounds – descriptiveness. The word BET means betting whereas 356 can be interpreted as the number of days when you can bet.
After submitted pieces of evidence for acquired distinctiveness, the mark was been registered successfully.
In 2013, Bet365 Group filed an opposition against a trademark application for ‘b365’. As a counter attack, the applicant applied to invalidate the registration of ‘BET365’ mark because of alleged descriptiveness.
EUIPO dismissed the invalidation request, however, the Board of Appeal uphold it. An appeal followed.
According to the the General Court, ‘BET365’ is not descriptive for Class 41 taking into consideration all available evidence for acquired distinctiveness such as web analytics, advertisement campaigns, sales, financial figures.
Source: Stobbs IP – Daniel Bailey, Lexology.