Wrecking ball for Miley Cyrus

Big brand problems in the European Union for the American world star Miley Cyrus. Her trademark application of MILEY CYRUS was rejected after an opposition of the company Cyrus Trademarks Limited (based upon the trademark CYRUS ) for a large number of products and services. Among these products and services are CD’s and services such as music performances. 

The EUIPO found the trademarks similar, so a risk of confusion exists. The fact that Miley Cyrus is well-known does not matter. You receive trademark protection from the application date and the submitted information were facts and circumstances of before the application. So, this information was not relevant.

What does this mean for Miley Cyrus? In any case, not that Miley Cyrus is not allowed to use her trademark in the European Union, the EUIPO only takes a decision on the admissibility of the trademark application, not on the use of it. This decision could however be the prelude to a lawsuit where an injunction relief can be demanded.

Although Miley Cyrus can still use the trademark, she does not obtain trademark registration and her name is therefore not protected for her most important products and services. This can lead to major problems as licenses are often issued for a lot of money on band names and artist names. In order to give a license on a name, exclusive protection is of course recommended. Moreover, Miley Cyrus also has no weapon against counterfeiting and infringements. So, a real wrecking ball for the trademark Miley Cyrus in the EU.

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Arnaud Bos

“Merkbescherming geeft vrijheid om te kunnen ondernemen.”



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