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ARTICLE · 25 JULY 2025

Granini Has Last Laugh

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Where an element of a mark is non-distinctive for certain goods and/or services, the fact that these may be included in a broader term in the specification does not necessarily mean the mark is non-distinctive...

United KingdomIntellectual Property
Lauren Fisher
Lauren Fisher
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B 3 202 021, Granini France v Euro Games Technology Ltd, EUIPO, 13th March 2025

Key points
Where an element of a mark is non-distinctive for certain goods and/or services, the fact that these may be included in a broader term in the specification does not necessarily mean the mark is non-distinctive for the entire broad term.

The relevant public can be a crucial factor when comparing marks and assessing a likelihood of confusion.

This decision concerns an opposition against an EU designation for 'Joker Reels', based on an earlier French trade mark registration for the stylised words JOKER +.

On 29th November 2022, Euro Games Technology Ltd filed an international application designating the EU for 'Joker Reels' in classes 9, 28 and 41. On 29th August 2023, Granini France filed an opposition against the designation in its entirety. The opposition was based on a likelihood of confusion with its earlier French registration No 4 549 509 for the stylised

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