In a setback, Entain has lost a legal battle over the EU trademark rights for the name 'Sportbet'.
The European Union Intellectual Property Office (EUIPO) has ruled against Entain's attempt to block Sportbet S.R.L.'s trademark application in the gambling industry. Entain, a company that owns the Sportingbet brand, opposed Sportbet S.R.L.'s application for a logo mark covering gambling and entertainment services.
Entain argued that Sportbet’s name and branding infringed on its Sportingbet trademarks, claiming the two names were too similar and could confuse consumers since both operate within the same sector. However, the EUIPO rejected Entain’s opposition, stating that the terms "sport" and "bet" are generic within the sportsbook industry and thus cannot be exclusively claimed by any one company.
The office emphasized that these descriptive words lack the distinctiveness required to prevent widespread use in trademarks, meaning Sportbet could use the name and register the logo successfully. This ruling marks a significant decision in gambling-related trademark law, reinforcing that generic terms central to the industry cannot be monopolized by a single company and directly dismissing Entain’s efforts to protect its branding through legal opposition to Sportbet’s trademark application.
The EUIPO further determined that the shared terms "sport" and "bet" are common and descriptive in the gambling industry, making them not distinctive enough for Entain to claim exclusive rights. The office also found that the logo mark of Sportbet S.R.L.'s trademark application is not deemed to be too similar to Entain's 'SPORTINGBET' trademarks.
Moreover, the EUIPO concluded that the trademark application by Sportbet S.R.L. will not confuse consumers, as the similarities between Entain's 'SPORTINGBET' trademarks and the Sportbet S.R.L. trademark application are too weak to cause confusion among consumers. The decision allows the Sportbet S.R.L. trademark application to proceed, despite Entain's opposition.
In summary, the EUIPO's decision highlights the importance of generic terms in the gambling industry and underscores the difficulty of claiming exclusive rights over such terms. The ruling is a significant victory for Sportbet S.R.L., an Italian rival of Entain, in its quest to establish its brand in the competitive gambling and entertainment services market.
[1] European Union Intellectual Property Office (EUIPO), "Decision regarding Sportbet S.R.L.'s trademark application," [date], available at:
- This ruling in gambling-related trademark law by the European Union Intellectual Property Office (EUIPO) suggests that generic terms, such as 'sports' and 'sports-betting', are not exclusive to any single company in the business finance sector, opening up opportunities for brands to establish themselves in the competitive sports-betting market.
- The office's determination that Entain's opposition to Sportbet S.R.L.'s trademark application was unsuccessful indicates that the terms 'sport' and 'bet' are common and descriptive, and these descriptive words are not distinctive enough for companies like Entain to claim exclusive rights over them, even in the sports-betting segment of the business industry.
