Editor's note: 2011 years, Fc Barcelona (FC Barcelona) player Lionel Messi To the European Union Intellectual Property Office (EUIPO) Submit an entry as "MESSI" Eu trademark application. Because the EU Intellectual Property Office already exists two EU words registered trademarks "MASSI" , The application is therefore dismissed. What will the end result be, We will wait and see!

2011 years, Fc Barcelona (FC Barcelona) player Lionel Messi To the European Union Intellectual Property Office (EUIPO) File an EU trademark application (Application number: 010181154) , Designated in control 9, 25 and 28 Class of goods used. Eu trademark application (Application number: 010181154) The EU Intellectual Property Office already has two registered trademarks for EU words "MASSI" (No. 3436007 and No. 414086) , Respectively specified in the No 9, 25 and 28 Class of goods used. The owners of the two previously registered EU trademarks raised objections to the aforementioned trademark applications, It is considered that there is a possibility of confusion between the application mark and its prior registered trademark, Should be based on "Eu trade mark regulation" The first 8. 1 To dismiss the application. After reviewing the dispute between the parties, The European Union Intellectual Property Office in 2013 Make a decision, There may be confusion between the application for recognized disputed trademark and the earlier registered trademark, The whole claim of the dissenter is therefore upheld and dismissed Lionel Messi Trademark application. 2014 years, The Argentine superstar appealed against the dismissal. After a review by the European Intellectual Property Office, The body of the disputed trademark application "MESSI" And the prior registered trademark "MASSI" In pronunciation and font are essentially the same (practically identical) , Risk of confusion, It was therefore decided to dismiss the appeal. 2014 years 9 month, LionelMessi To the EU General Court of Justice (General Court of the European Union) Lodge an appeal, It is argued that the EU Intellectual Property Office did not consider the significance of the meaning of the trademark to the determination of the result when deciding to reject the application, Disputed trademark "MESSI" And prior trademark "MASSI" Can coexist. 2018 years 4 month 26 day, The EU General Court ruled on the case, support Lionel Messi Grounds of appeal, Rescinding the rejection decision of the EU Intellectual Property Office, And authorize "MESSI" Trademark registration. Key points of EU General Court decisions: 1. First of all, The court noted that the main part of the trademark was in dispute "MESSI" And the prior registered trademark "MASSI" The text is very similar, So the two form a similar font. 2. but, The EU's Intellectual Property Office compared the Argentinian's reputation to that of football fans and sports enthusiasts, The court found an error in that determination. 3. The court also emphasized Lionel Messi The last name is well known, trademark "MESSI" Designated for use in sporting goods and sportswear and other goods, It is difficult for consumers not to associate the trademark with the player's surname. 4. Therefore, The court reached a conclusion, although "MESSI" with "MASSI" Very similar, But the difference in meaning is enough to offset the similarity in font and pronunciation. In addition, The court stated that, The vast majority of relevant consumers will "MESSI" The trademark is associated with the famous player's surname, Therefore, Be able to perceive and "MASSI" Trademarks differ in meaning. From our point of view, Summary and analysis of Disputes in decisions of EU General Court, As usual, Good reason, Correct conclusion. Considering the global popularity and reputation of the FC Barcelona player, It's hard to imagine that consumers of sports products will be labeled "MASSI" Merchandise with the player's surname "MESSI" The goods are mixed up, Or think there's a connection. In addition, Consider that these celebrities are due to the media (newspaper, television, Radio and Internet and so on) Exposure to gain wide popularity and reputation, So the ruling only strengthens the protection of celebrities in trade through trademark registration procedures. but, The reader needs to be warned, The ruling could be appealed to the European Court of Justice (Court of Justice of the European Union) . Therefore, The end result is that the appellee abandons the appeal, Lionel Messi Win the game; or "MASSI" The trademark owner appealed, Blow the whistle for the second half of the game, We will wait and see.

compile: Liu Dan, The source of Aisabri Legal Counsel: Esabaril (ELZABURU)