bet365 Wins Bid to Trademark “Bet 365” in Europe

bet365 trademark.

bet365 has won part of its bid to trademark “BET 365” within the European Union (EU). (Image: democratlive.com)

Bet365’s long running battle to trademark its brand name within the European Union (EU) has, in part, come to a positive conclusion.

After fighting the trademark case since 2007, the EU General Court has said that the company’s push to own “BET 365” in Europe is permissible with regards to the provisions of betting and gambling.

At the heart of the matter is bet365’s assertion that it has built up enough of a brand name to warrant trademarks covering a range of services within the EU.

bet365 Bidding to Become Top of Its Class

When the British betting operator first applied to the the European Union Intellectual Property Office (EUIPO), it wanted to trademark “BET 365” in seven areas (classes):

Class 9: Computer software, software for gaming, betting, gambling services and database management.

Class 28: Games and playthings, gaming apparatus.

Class 35: Advertising, business management, office functions, online data processing services.

Class 36: Financial services relating to betting, gaming, gambling, lotteries or book making.

Class 38: Providing access to multiple user network systems allowing access to gaming and betting information and services.

Class 41: The provision of betting, gambling and gaming services through physical and electronic sites and telephonic centres.

Class 42: Computer advisory, consultancy and design services.

The application was reviewed, and in 2008, examiners at the EUIPO declared that enough evidence had been submitted to suggest that bet365 had enough brand identity to warrant the trademarks.

Objections Last for Almost a Decade

However, in October 2008, Germany’s Robert Hansen filed an opposition on the grounds that “BET 365” was merely descriptive of the services covered and not distinctive as a brand. That objection led to a series of court hearings over a nine-year period, during which Hansen filed a claim to trademark “b365.”

In a final review of the original case and the subsequent appeals, the EU General Court found that the Fifth Board of Appeal’s ruling wasn’t justified with regards to Class 41.

However, the court’s President Stéphane Gervasoni and two additional judges did dismiss bet365’s claims in respect to the other classes.

Despite losing out on its other applications, bet365 was able to demonstrate that its reputation in the UK made it a household name with regards to betting in Europe.

While the decision won’t have any impact on bet365 UK, it does give it some scope to brand certain gambling related services in the EU and, moreover, prevent any potential copycats from piggybacking off its name.

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