EUIPO Board Upholds Disney Opposition to Mickey Is Free Mark

The First Board of Appeal of the European Union Intellectual Property Office has confirmed the refusal of an EU trademark application for MICKEY IS FREE! in Class 25 for various clothing items including hoodies, jackets, sweatshirts, and T-shirts.

Karl Erik Dahl filed the application in August 2024. The Walt Disney Company opposed it, citing likelihood of confusion with its earlier figurative mark featuring the word MICKEY, also registered for clothing in Class 25.

The Opposition Division had found the signs visually similar to a below-average degree, aurally similar to an average degree, and conceptually similar to an average degree due to the shared reference to the Mickey Mouse character. It concluded that consumers could perceive the applied-for sign as a sub-brand or variation.

On appeal, the Board largely upheld the decision. It determined that the earlier mark enjoys a normal degree of distinctiveness and that the signs share at least an above-average conceptual similarity because both evoke the well-known cartoon character. Although visual similarity was low, the Board found that the high conceptual similarity, combined with identical goods, supported a likelihood of confusion. The addition of IS FREE! was viewed as suggesting liberation but not sufficiently distancing the signs conceptually.

The Board emphasized that the average consumer of clothing would associate MICKEY with Disney's character rather than copyright expiration concepts. The appeal was dismissed.

The decision underscores the strength of well-known character marks in opposition proceedings even where additional wording is present.

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