An application was recently filed with the European trademark office EUIPO for a stylized figurative mark of a rabbit for clothing and sex toys. Mercis, the company that owns the IP rights to Nijntje, internationally known as Miffy, by the late Dick Bruna, filed an opposition. On the right is the older figurative trademark Miffy, on the left is the figurative mark opposed.
Initially, the opposition was only partially granted, namely only for clothing. Indeed, the innocent Miffy was registered for clothing but not for sex toys so there was no similarity of goods. However, Mercis appealed and still managed to save Miffy’s virginal reputation. Mercis successfully invoked the well knownreputation of the Miffy figurative mark and was able to prove it with evidence. The EUIPO Board of Appeal said the older Miffy mark appeals to children and evokes a sense of security and innocence. That is not in dispute. The goods covered by the contested sign possess characteristics that are incompatible with this image and may adversely affect it. The reputation of an innocent rabbit would be damaged by the use of a similar sign for sex toys!
