“Malle” is null and void

According to a decision by the European Trade Mark Office (EUIPO), the registered word mark “Malle” is invalid. The trademark owner – also the producer of Ballermann celebrities such as Tim Toupet and Mickey Krause – lost a corresponding invalidity proceeding before the EUIPO. The application had been filed by organizers of so-called “Malle” parties after they had been sued for injunctive relief against the use of the word mark and were ordered to pay considerable legal fees, among other things. The protection of the European word mark extended to classes 9 (sound recordings), 35 (advertising), 38 (broadcasting for TV and radio programs) and 41 (parties). According to the EUIPO’s decision, there is an absolute ground for refusal as the term “Malle” now (and already at the time of registration) constitutes a geographical reference to the Spanish island of Mallorca. The decision is not yet final. The proceedings for the German trademark are still pending (EUIPO, decision of May 18, 2020, Ref. 32 783 C).

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Dennis Tölle

Specialist lawyer for copyright and media law

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