The European IP Office's cancellation of the
In
Copyright registration and EU trademark law
A registered EU trademark (EUTM) gives a trademark owner the right to prevent a third party from using an identical or similar mark for similar goods (without permission) in case it leads to a likelihood of confusion. However, this exclusive right is not unrestricted. Under EU trademark law, a trademark registration can be declared invalid if it conflicts with an earlier right - including copyright - under EU or national law. This so-called relative grounds for invalidity seeks to create a balance between concurrent IP rights.
Ye had published and registered his work in
Why copyright registration matters
In this case, there are very obvious similarities between the registered mark and copyright-protected work (to the extent you might wonder which actually came first). However infringement could also be successfully argued in cases where a figurative mark has fewer similarities with a copyright-protected work. When registering a trademark, account should be taken of the chance that a sign contains elements protected by copyright therefore.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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