The EUIPO’s refusal to register MRBEAST for certain goods highlights the limits of relying on online fame in trade mark disputes, particularly where there is a likelihood of confusion with an earlier mark (here, BEASTIE BURGERS). Despite the brand’s global following, the Board of Appeal found that the evidence did not demonstrate recognition among the relevant public in the Benelux, especially across all age groups. The decision reinforces that reputation must be assessed territorially and demographically, and that strong digital presence alone is insufficient without evidence showing broader consumer awareness.
In an article for World Trademark Review, Marks & Clerk’s Pauline Piernez stressed that the ruling underlines a key principle in trade mark law: “online fame does not automatically translate into trademark recognition across all consumer groups.” She noted that platforms like YouTube tend to skew younger, whereas EUIPO assessments require consideration of the entire relevant public, including those less engaged with digital content. Her comments emphasise the need for targeted, representative evidence that covers geography, demographics and wider commercial presence, when relying on reputation, illustrating how online brands must bridge the gap between digital visibility and real-world trademark recognition.
