The “Case law bit: Banksy’s monkey” on EUIPO Academy Learning Portal discusses the improper trademark registration of Banksy’s “Monkey Sign” artwork.
This case illustrates that the trademark was registered with the intent to misuse the system rather than for legitimate commercial purposes. The decision highlights that the registrant aimed to exploit the trade mark system by securing rights without the genuine intention of using the trademark in commerce, which is considered an abuse of the intellectual property system.
The online presentation also covers five other cases where trademarks were registered with dishonest intentions involving various companies and artworks.
These cases collectively highlight EUIPO’s strict stance against the misuse of the trademark registration system. They emphasize that trademarks should be registered with honest intent to use them in trade, not merely to block others or to take unfair advantage.
Established in May 2011, the EUIPO Academy covers all educational and learning activities for its staff, the staff of the EU Intellectual Property (IP) offices, EUIPO users, educational institutions and the general public. The Academy is a crucial part of the European Trade Marks and Designs Network. The learning and knowledge-sharing activities of this network and the Network of IP Academies (NIPA) bring together staff from EU national and regional IP offices, IP specialists, and teachers, researchers and students from within and outside the European Union.
