#62025TJ0615EU Court backs refusal of “FOR BETTER GAMING – VEIKKAUS” trade mark
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
The judgment confirms that the phrase “FOR BETTER GAMING – VEIKKAUS” cannot be registered as an EU trade mark for several gaming, betting, entertainment, retail software, and related technology services because it lacks the distinctiveness needed to identify one company’s services. For gaming and betting businesses, the ruling is a reminder that promotional slogans are hard to protect as EU trade marks unless they clearly point to a commercial source. Companies using broad marketing phrases should expect EUIPO scrutiny and should gather strong evidence if they claim a sign has become distinctive through use.
AI-generated summary. May contain errors. Refer to official sources for legal decisions.
Key Changes
- Confirms EUIPO’s refusal to register the word sign for relevant gaming, betting, entertainment, software retail, and technology services
- Reinforces that broad promotional slogans may lack the distinctiveness required for EU trade mark protection
- Highlights the need for strong use-based evidence when a company claims a mark has become distinctive in the market
Obligations
What this law requires
EU trade mark applicants cannot obtain registration for a sign that lacks distinctive character under Article 7(1)(b) of Regulation (EU) 2017/1001; the General Court confirmed that “FOR BETTER GAMING – VEIKKAUS” lacked distinctiveness for the covered gaming, betting, entertainment, retail software, and related technology services.
Where an EU trade mark applicant relies on acquired distinctiveness through use under Article 7(3) of Regulation (EU) 2017/1001, the applicant must provide evidence that the relevant public identifies the sign as indicating the commercial origin of the services.