Word Mark «FOR BETTER GAMING – VEIKKAUS» Rejected
The General Court ruled on 1 July 2026 that the mark lacks distinctive character.
What was the case about?
Veikkaus Oy, the Finnish gambling company, applied to register the word mark «FOR BETTER GAMING – VEIKKAUS» for various gaming services. EUIPO refused under Article 7(1)(b) of Regulation 2017/1001 because the mark lacked any distinctive character. The claimed acquired distinctiveness under Article 7(3) was not sufficiently proven.
Veikkaus Oy appealed to the General Court. The Court upheld EUIPO's decision. It found that the overall impression of the mark is perceived merely as an advertising slogan for a better gaming experience, not as an indication of origin. The evidence of acquired distinctiveness was insufficient, particularly regarding the relevant public across the entire EU. The appeal was dismissed.
A Mark Must Be Distinctive
The word mark «FOR BETTER GAMING – VEIKKAUS» was refused for lack of distinctive character. The evidence of acquired distinctiveness through use was inadequate. The General Court confirmed EUIPO's decision.
What you can learn from this
For Swiss SMEs, this ruling is an important lesson in brand naming. Descriptive or promotional phrases like «For Better Gaming» are generally considered non-distinctive by trademark offices. A mark should therefore include a fanciful or arbitrary element that clearly serves as a source identifier.
Furthermore, the case shows that proving acquired distinctiveness is challenging. If a mark fails initial registration, it may still acquire distinctiveness through intensive use across the relevant market (for EU marks, across the entire EU). SMEs should aim for a strong, distinctive mark from the outset and meticulously document its use to be able to prove acquired distinctiveness in case of disputes.
Case ticker
This ticker follows the case automatically: new decisions appear here as soon as they are published in official sources.
Monitored automatically · Status: 06.09.2026
- 01.07.2026 The EU General Court upholds the invalidity of the EU word mark FOR BETTER GAMING – VEIKKAUS due to lack of distinctive character. Source
- 01.07.2026 General Court confirms: word mark «FOR BETTER GAMING – VEIKKAUS» not registrable due to lack of distinctiveness. Source
- 10.09.2025 New document published in Case T-615/25. Source
Entries are generated automatically from official sources. Decisions may be appealed and are not necessarily final.
Sources
General Court of the European Union, judgment of 1 July 2026, case T-615/25.
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This article was generated automatically from published decisions, is for information purposes and does not constitute legal advice.