Reputation
According to the EUIPO, Game of Thrones is a trademark with an enormous reputation. The series was broadcast by HBO for more than 10 years, and the name Game of Thrones has been widely used for merchandise and events. As a result, Game of Thrones is not just the title of a series but is also recognized by the public as a trademark.
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Although Game of Thrones is not registered for restaurant services, HBO can still challenge the Game of Döner registration due to the strong reputation of Game of Thrones. Well-known brands receive broad protection. The EUIPO argues that the public will associate these two “Game of …” brands. Additionally, the Game of Döner logo features a dragon—an important element in the Game of Thrones storyline
Unfair Advantage
The EUIPO concluded that Game of Döner benefits from the appeal of the Game of Thrones brand. This gives the German entrepreneur an easy start, as Game of Döner would capitalize on the positive associations of the Game of Thrones series without significant costs. This is considered unfair and not allowed, according to the EUIPO. As a result, Game of Döner will not receive trademark registration.
Bas Kist
