We’ve all been there, you have a great idea, you think ‘sod it, I’m going for it’, you put down the cash…..then you realise you have to tell your other half.
Well, if Tabassum Gazala Khan has an ‘other half’ he must be cacking himself.
The same guy who applied for 3 UK trademarks (£170 GBP a pop by the way) on 20 July has decided to up his game and apply for an EU trademark:
Now, I’m making some fairly big assumptions (as is my usual wont) and assuming that this man has nothing to do with Conor McGregor.
If that’s the case (and sincere apologies to you sir if I’m incorrect) then it’s possible that this is the trademark equivalent of Cyber Squatting,
Now, bear this in mind, the above application at EU level is for 17 classes. Do you know how much that has cost?? Well I’ll tell you, €3,150
Yeah, this guy just spent €3,150 applying for a trademark for Conor McGregor The Notorious.
I’d be astounded if he gets the trademark in the first instance, and if it’s not opposed in the second.
Article 52 of the EU Regulation states:
Absolute grounds for invalidity
1. An EU trade mark shall be declared invalid on application to the Office or on the basis of a counterclaim in infringement proceedings:
(a) where the EU trade mark has been registered contrary to the provisions of Article 7;
(b) where the applicant was acting in bad faith when he filed the application for the trade mark
And it has been held to be Bad Faith where the purpose of registering a Trademark is to effectively buy up something to which you have no real entitlement (here, because you’re not Conor McGregor or connected with him) with a view to profiting from it by exploiting a trademark you don’t really have any connection with (effectively, I’m paraphrasing some very complex judgments here). Someone once registered Fianna Fail as an EU Trademark then tried to sell it back to Fianna Fail or else they would have to rename the party. That registration was declared invalid.
There’s also an issue with priority in that the Irish Applications were submitted first, and then there’s other grounds for refusal on the basis of likelihood of confusion, and confusion as to origin etc. – In short summary, if this was granted, the owner would be entitled to market goods/services under the name ‘Conor McGregor The Notorious’ the the exclusion of all others, and there’s a likelihood of confusion because people would likely thing such goods emanated officially from Conor McGregor or his companies etc.
So, unless Conor Ponies up rather than pays his lawyers to apply to have the application declared invalid, I think that’s €3,150 this gentleman is unlikely to see again.