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ARTICLE · 17 OCTOBER 2023

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Tesla Has Beer But No Trade Mark

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An unfortunate case of pre-filing disclosure has cost Tesla a trade mark fight in the EU.

United KingdomIntellectual Property
Marks & Clerk
Marks & Clerk
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An unfortunate case of pre-filing disclosure has cost Tesla a trade mark fight in the EU.

On 9 October 2021, Elon Musk announced "and we're even gonna have a beer" during the inauguration of its Gigafactory in Berlin, simultaneously revealing the design of a "GIGABIER" bottle.

The very next day, a German company (Juicyphant GmbH) filed an EU Trade Mark Application seeking protection for "Gigabier" in relation to beer, alcoholic beverages and brewing services. Tesla opposed on the basis of a non-registered mark used in the course of trade (i.e. unregistered rights) in Denmark and Ireland.

The following evidence was submitted:

  • Articles around Tesla's plans for its 'Giga(-)Factory' car manufacturing plant. The EUIPO noted that "GIGABIER", beer, or brewery activities were not mentioned at any point in these materials;

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