Little Gaul remains irreconcilable: Obelix will not be a brand of weapons
The General Court of the EU prevents a Polish ammunition and explosives company from registering under the name of the famous comic character
BrusselsThe name Obelix will continue to be strictly associated with the comic character. The General Court of the European Union (GCEU) has prevented a Polish company dealing in firearms, ammunition, and explosives from registering the commercial name Obelix. "It may lead the relevant public to associate [the two marks] and is liable to impair the reputation of the earlier mark," states the ruling issued by the General Court of the European Union.
A Polish businessman registered a company under the name Obelix, engaged in the sale of armaments, and in 2022 the European Union Intellectual Property Office (EUIPO) accepted the trademark registration without any issues. However, the publishing company of the famous Asterix and Obelix comics, Éditions Albert René, requested the annulment of this registration, considering it could negatively affect the image of the comic character. The EUIPO, however, denied the French publishing company's request.
Later, Éditions Albert René took the case to the European courts. Finally, Luxembourg ruled in their favor and overturned the decision of the community body that oversees trademark registration. "The EUIPO did not sufficiently consider the link between the two marks in the public's mind," concludes the ruling of the European court. It should be recalled, however, that the GCEU is the court of first instance of the EU and, therefore, the case could still be appealed to the Court of Justice of the European Union, which is the highest instance.
The GCEU describes the analysis by the European Union Intellectual Property Office as "incomplete and erroneous," and criticizes it for considering that the fact that the Polish company only wanted to register Obelix, without his travel companion Asterix, already differentiated the comic character from the armament company. The court in Luxembourg also criticizes the EUIPO for overlooking that the Polish company uses the registered trademark symbol ®, as if the EU had already deemed it valid, when in reality it was not.
