It turns out that even such a famous person as Leo Messi can have problems registering his trademark with the EUIPO. In 2011, the footballer filed a trademark application for the word and figurative mark “MESSI” EUTM 010181154, among others, for clothing, footwear and sports goods. The owner of the earlier trademark “MASSI” filed an opposition to this application, of course citing the similarity of the trademarks and goods. The opposition was upheld by the EUIPO, so Lionel Messi had to file a complaint with the General Court of the European Union. The case is interesting because we are dealing with the strong reputation and popularity of the applicant of the disputed trademark, not the person entitled to the earlier mark.

The court agreed with Messi’s position, finding that the global knowledge of the footballer influences the way the mark is perceived by the public and determines the conceptual difference between the trademarks “MASSI” and “MESSI”. Although both signs are visually and phonetically similar, the footballer’s reputation excludes the risk of confusion.

The judgment of the Court of Justice of the European Union of 17 September 2020, C-449/18 P and C-474/18 P (Messi), concluded the case by finally granting the footballer the right to register a trademark.