Jagger Fastfood
The issue began in 2018 when the Danish fast food company Jagger Junk applied for a European trademark registration for the brand Jagger Fastfood for various fast food products and restaurant services. This did not sit well with the pop singer, so Musidor BV, the company that manages Jagger’s trademark rights, filed an opposition to the registration.
This was successful. In 2021, EUIPO ruled that the trademarks Jagger Fastfood and Mick Jagger were similar. Because the trademark Mick Jagger is also registered for restaurant, bar and café services, it could cause confusion. Therefore, the trademark Jagger Fastfood did not receive registration.
Mick messes with registrations
But the Danish fast food company didn’t let it go. They discovered that the Stones singer had been playing around with his trademark registrations. The pop star had registered the trademark Mick Jagger as a European trademark no less than three times. First in 1998, then again in 2012, and finally once more in 2016, the registration with which he successfully opposed Jagger Fastfood. Three identical trademark registrations? Is there something wrong with the old rocker?
Circumventing the Use Requirement
Not at all, because Jagger and the Stones’ company Musidor had a reason for their actions. Trademark law stipulates that you must use a trademark. If you do not use the trademark for a period of over 5 years, someone else can request the cancellation of your rights. Since Jagger never used the trademark Mick Jagger for a bar or restaurant—there is no ‘Mick Jagger bar’—his trademark registration becomes vulnerable after 5 years in that regard. But Jagger devised a trick to circumvent this problem: by re-registering the same trademark, you get another 5-year use period. Because the use requirement for the 2012 registration was approaching, he re-registered the name Mick Jagger in 2016. This way, without any actual use, he still maintained protection for restaurant, bar and café services and could block the registration of Jagger Fastfood. Quite handy.
Dishonest Intentions
Or perhaps not? In a new procedure initiated by Jagger Fastfood, EUIPO determined on June 13, 2024, that it is not acceptable to keep your rights alive in this manner. Jagger has no plans to use the name Mick Jagger for restaurant or bar services. Jagger’s behavior—registering the same trademark three times—indicates ‘dishonest intentions’ and bad faith. The European trademark office declared the 2016 trademark registration of Mick Jagger for restaurant, bar and café services invalid. This undermines the basis of the Stones singer’s previous victory over Jagger Fastfood. Consequently, it is likely that Jagger Fastfood will ultimately obtain its European registration on appeal, leaving Mick and Musidor with the label of ‘bad faith’ branded on their foreheads.
Bas Kist
Banner image: Raph_PH, CC BY 2.0, via Wikimedia Commons
This article was previously published on Adformatie.
