What Musk did forget was a trademark registration. A day after this Berlin announcement, the German company Juicyphant filed the trademark Gigabier in the European trademark register. Gone trademark!
Naturally, Musk immediately filed an objection. He filed an opposition to the registration based on his prior use. However, in September 2023, the European trademark office EUIPO rejected the opposition. There was no “use of more than local significance,” EUIPO said.
Ultimately, Musk will probably still overturn Juicyphant’s trademark in invalidity proceedings at a later date, as it still appears that Juicyphant was acting in “bad faith” with this application. However, Musk could have easily saved himself this misery by not waking up only after introduction, but registering in a timely manner himself.