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 was filed by organizers of so-called “Malle” parties after claims were made against them to cease and desist from using the word mark and among other things and had to pay considerable legal fees. 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 trade mark are still pending (EUIPO, decision of May 18, 2020, ref. 32 783 C).
Trademark application in bad faith as leverage in competition
Trademark applications in bad faith: How abusive registrations lead to a blocking position and circumvent competition law – an EGC case.