The Registrability of Sports Names as Word and Figurative Marks in the European Union

Abstract

This thesis assesses the registrability of sports names as word and figurative trade marks in the European Union, largely with a focus on articles 7(1)(b) and 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark, OJ L 154. The thesis provides the reader with basic and general information on European Union trade marks, after which legislation and decisions of the European Union Intellectual Property Office and the Boards of Appeal relevant to sports name word and figurative marks in particular will be discussed. Based on the aforementioned legislation and decisions, the thesis aims at providing the reader with a reasoned view on how the registrability of sports name word and figurative marks in the European Union is assessed and the rationales behind these considerations. Further, while the thesis does not aim at providing a comprehensive quantitative analysis, the likelihood of successful registrations in various Nice classes as goes for the aforementioned types of marks will also be assessed to a minor degree.