The CJEU has annulled an EUIPO decision, ruling that the trademark OBELIX has acquired independent reputation in the EU and can act as a standalone indicator of commercial origin, even when used alongside ASTERIX. The court found the EUIPO’s assessment “erroneous and incomplete,” particularly for dismissing evidence showing OBELIX used with the ® symbol and in combination with ASTERIX. Crucially, it confirmed that association with another well-known mark does not prevent a sign from being perceived separately, reinforcing that reputation must be assessed holistically, including narrative and contextual evidence rather than isolated examples.
In coverage of the case in World Trademark Review, Marks & Clerk's Luxembourg Office Principal Inès Garlantezec highlighted the significance of the ruling, explaining that it overturns a “narrow interpretation” of trademark reputation and confirms that “even iconic duo characters can develop independent commercial identity.” She noted that OBELIX can function as a distinct trademark signalling origin “even when paired with ASTERIX,” particularly where both are registered marks. However, she cautioned that rights holders must still demonstrate use and reputation clearly in the market, concluding that “Obelix can be both a comic character and a valid trademark even without his pal, Asterix.”
“The decision establishes that OBELIX can function as a distinct trademark and, crucially, signals commercial origin – even when paired with ASTERIX, particularly where both names carry registered trademark symbols,” she continues. However, rights holders will need to continue to keep in mind how they are able to adequately provide the right evidence within relevant markets. “Rights holders still need to prove both use and reputation within the market and in this case Obelix can be both a comic character and a valid trademark even without his pal, Asterix,” Garlantezec concludes.
