PARIS, May 13 (Reuters) - Europe's top court on Wednesday overturned the European Union Intellectual Property Office's (EUIPO) refusal to prevent a Polish company from using the name Obelix in Europe as a trademark for weapons.
o In 2022, the EUIPO registered the wordmark Obelix for goods related to firearms, ammunition and explosives for the benefit of a Polish entrepreneur.
o Les Editions Albert Rene, publisher of the comic book series Asterix & Obelix, applied to have the registration invalidated on the basis of its earlier EU trademark OBELIX and the damage done to the mark's reputation.
o The EUIPO rejected the invalidation action, saying proof of the reputation of the earlier trademark had not been sufficiently established.
o In its annulment decision, the Luxembourg-based Court of Justice of the European Union said the assessment of the reputation of the OBELIX mark carried out by EUIPO was based "on an incomplete and erroneous analysis" that did not correctly take into account examples of various products on which the term "Obelix" or "Obélix" appeared accompanied by the symbol indicating that it was a registered trademark and that disregarded evidence on which that sign had been used in combination with the Asterix sign.
o The French Asterix comic book series dates to 1959 and prominently features a character named Obelix, who is the best friend of the main character, Asterix.
o A theme park tied to the series, Parc Asterix in the suburbs of Paris, is one of the most visited amusement parks in France.
o Publishing house Editions Albert Rene said the ruling by the EU court was a good move in terms of recognising the works of artists.
o "We welcome this decision by the EU court, which comes at a time when the recognition of the work of talented artists is often put into question," it said in a statement.
(Reporting by Dominique Vidalon; Editing by Makini Brice and Thomas Derpinghaus)
