Trade name
The German company Thinkmeta based its opposition against Zuckerberg’s Meta marks on its earlier German trade name Thinkmeta. Apparently, the Germans themselves do not own a trademark registration for Thinkmeta. In principle, however, you can also oppose a new trade mark registration on the basis of an earlier, similar trade name. But the threshold is high.
More than local use
Under the law, you must then demonstrate that use of the trade name is of more than mere local significance. This requires substantial use of the trade name, meaning significant sales, long-standing use, advertising and use extending beyond a purely local level. In this case, Thinkmeta failed to meet those demanding requirements. Yes, it was clear that the company had been using the trade name for quite some time, but according to EUIPO, the scale of that use was simply too limited. Well, perhaps Thinkmeta should have registered its trade mark.
More oppositions
For now, the Meta marks may therefore resume their registration procedure. With the emphasis on for now. Not only can the German company Thinkmeta still appeal, but Meta is also being challenged by several other companies that claim to own earlier rights in the word Meta. Oppositions have also been filed by Meta Engineering, Meta Management, Max von Breitenstein GmbH (based on the mark Metacrew) and Leo Peuillot, of Meta Law Firm. These oppositions will now each have to be dealt with separately, and every one of them creates its own risks for Meta’s trade mark protection in Europe.
Meta’s deep pockets
But does this mean there is a serious chance that Meta may ultimately be prevented from using its name in Europe? I do not think so. Even if one of these parties eventually prevails, there will of course still be room for negotiation and settlement. And experience shows that few entrepreneurs can resist the extraordinarily deep pockets of a hugely wealthy global player such as Meta. In fact, I suspect some of them may already be dreaming of a mega-deal with Zuckerberg.
Bas Kist
