Published: 12:57, July 7, 2022 | Updated: 17:59, July 7, 2022
Ballon d'Or owner loses trademark to UK's Golden Balls
By Reuters

PSG player Lionel Messi holds the 2021 Ballon d'Or trophy during the 65th Ballon d'Or ceremony at Theatre du Chatelet in Paris, Nov 29, 2021. (CHRISTOPHE ENA / AP)

BRUSSELS - Les Editions P. Amaury, which owns the rights to football award Ballon d'Or, on Wednesday lost its trademark fight against Britain's Golden Balls after a European court backed a patent agency's decision to strip the French firm's rights to TV broadcasting and books.

The Luxembourg-based General Court, Europe's second top court, however restored Ballon d'Or's trademark rights to entertainment services, saying that the EU Intellectual Property Office was wrong to revoke it.

Ballon d'Or is awarded to the best male and female footballers of the year.

Ballon d'Or's dispute with British sportswear company Golden Balls started in 2017 when the UK company asked EUIPO to cancel the former's trademark because it had not been used

Ballon d'Or's dispute with British sportswear company Golden Balls started in 2017 when the UK company asked EUIPO to cancel the former's trademark because it had not been used.

EU laws allow a third party to do so if trademarks have not been used over a five-year period. The patent agency backed Golden Balls and last year revoked Ballon d'Or's rights to some goods and services.

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That prompted the French company to take the fight to the General Court in an attempt to get back its rights to the broadcasting or production of television programs, shows or films, entertainment and the publication of books, magazines or newspapers.

In this Sept 19, 2019 photo, the Ballon d'Or trophy is displayed during a press conference to present the new Ballon d'Or trophy, on the outskirts of Paris. (THOMAS SAMSON / AFP)

The General Court agreed with the patent body.

"That company did not establish genuine use of the mark at issue in connection with those services, with the result that the General Court upholds EUIPO's decision to revoke the mark in respect of those services," the tribunal said.

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Judges overruled EUIPO in one aspect.

"The organization, under the contested mark, of the Ballon d'or award ceremony must be classified as an entertainment service," they said.

The parties can appeal on matters of law to the Court of Justice of the European Union, Europe's top court.

The case is Case T-478/21 Les Editions P. Amaury v EUIPO - Golden Balls (BALLON D'OR).