EU Court Clarifies Reputation Test in Obelix Trademark Dispute

The European Union General Court has issued a ruling clarifying the requirements for proving trademark reputation in cases involving well-known fictional characters. In Les Éditions Albert René v. European Union Intellectual Property Office, the Court addressed an invalidity action against an EU trademark registration for OBELIX in relation to firearms, ammunition, and explosives.

The publisher of the Astérix & Obélix comics sought to invalidate the mark based on its earlier registration for the same term. The Board of Appeal had assumed genuine use of the earlier mark but concluded that evidence did not sufficiently establish reputation or a link between the marks under Article 8(5) of the EU Trade Mark Regulation.

On appeal, the General Court held that mere popularity of a comic character does not, by itself, prove that the public perceives the mark as indicating commercial origin. Evidence must show actual trademark use, including public recognition as a source identifier rather than solely references to the character. The Court noted that a mark used alongside illustrations or with a registration symbol can still function independently as a trademark.

The Court further ruled that the Board of Appeal failed to conduct a global assessment of whether a link existed between the marks, including consideration of the earlier mark's distinctiveness. As a result, the decision was annulled, and the matter remanded for proper evaluation. The Court ordered the EUIPO and the intervener to bear their own costs and share the applicant's costs.

The ruling emphasizes that while fictional names can acquire trademark protection through use, applicants must provide concrete evidence beyond general cultural recognition.

Sources: https://www.scconline.com/blog/post/2026/06/06/obelix-trade-mark-case-eu-court-clarifies-reputation-and-link-test/ https://ipkitten.blogspot.com/2026/06/mickey-is-free-it-may-not-be-as-free.html