Miley Cyrus can use her name as a trademark in Europe after long argument – –

Miley Cyrus can use her name as a trademark in Europe after long argument – –

BRUSSELS – American pop star Miley Cyrus has been granted the right to use her name as a trademark on a wide range of products in the European Union, after Europe’s highest court on Wednesday overturned a decision by the Patent Office of the EU to limit the scope of its mark.

The case dates back to 2014, when Smiley Miley Inc., the 28-year-old ‘Wrecking Ball’ singer’s company, sought to file the trademark MILEY CYRUS with the European Intellectual Property Office (EUIPO) for audio and video discs, cell phone cases and e-books. , electronic board games, calendars and other products.

Cyrus Trademarks Ltd, based in the British Virgin Islands, which registered the CYRUS trademark in 2010, however, opposed demand for some of the products.

EUIPO supported part of its argument, citing the risk of confusion between the two marks. Smiley Miley appealed but failed to convince the patent office last year and then took her case to the Luxembourg-based Court of Justice of the EU (CJEU).

The Court overturned EUIPO’s decision, rejecting its arguments that the marks could be confused and that the name Miley Cyrus had no conceptual meaning.

“The mark applied for, MILEY CYRUS, has a clear and precise semantic content for the relevant public given that it refers to a public figure of international renown, known to the most informed, reasonably observant and knowledgeable persons …”, the a declared the CJEU.

The case is T-368/20.

(Report by Foo Yun Chee edited by Alexandra Hudson)


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