GAME OF DÖNER fails in the face of the reputation of GAME OF THRONES

What was intended as a creative allusion became a matter of dispute before the EUIPO: the scope of protection of well-known trade marks can extend far – even beyond industry and product boundaries.

The US American hit seriesGame of Thrones, which started in 2011 and captivated a worldwide audience over eight seasons, has long since developed into an internationally well-known trade mark.

This media impact did not go unnoticed outside the entertainment industry. A German applicant attempted to register the expressionGAME OF DÖNERas aword/figurative markfor quick-service restaurants and fast-food services with the European Union Intellectual Property Office (EUIPO). Against this, Home Box Office (HBO), proprietor of the word/figurative markGAME OF THRONES, filed an opposition on the grounds that there existed a likelihood of confusion and, in particular, an unlawful exploitation of the reputation of its well-known mark.

Unlawful exploitation of the reputation?

In the course of the proceedings, HBO had to demonstrate the reputation ofGAME OF THRONESwithin the European Union. This was accomplished without difficulty: evidence was submitted of 159 Emmy nominations, 59 awards, and the status as the most extensively licensed mark in HBO's history – with over 100 licensees worldwide. The Opposition Division of the EUIPO recognised the strong reputation of the mark in the field of television and entertainment services.

In the next step, the two marks were compared visually, phonetically and conceptually. Both signs contain the striking element "GAME OF", and typographically there are also parallels, for example in the stylised rendering of individual letters. Particularly striking: the markGAME OF DÖNERuses a dragon motif in a coat of arms – a graphic element which, whilst having no obvious connection to the restaurant trade, immediately recalls the fictional world ofGAME OF THRONES, in which dragons play a central role.

Phonetically, too, a certain similarity was found: both marks begin with the identical expression "GAME OF", followed by a two-syllable word with a comparable vowel structure. The Opposition Division concluded that there existed at least a low degree of similarity between the signs.

GAME OF DÖNER or GAME OF THRONES?

However, the core question was whether a mental link to the well-known markGAME OF THRONESwould be established – even without a direct likelihood of confusion. In this regard, it was taken into account thatGAME OF THRONEShas since been licensed beyond the media industry, including in the field of food and beverages. In conjunction with the aforementioned dragon motif, the Division reached the conclusion that a relevant part of the relevant public would make a mental connection betweenGAME OF DÖNERand the well-known series.

This association would – according to the reasoning – mean thatGAME OF DÖNERwould benefit from the positive image effect and reputation ofGAME OF THRONESwithout having to make its own investments in brand building or advertising. Such use is deemed to constitute an unlawful exploitation of the reputation of a well-known mark.

As a result, the opposition was successful. Registration of the markGAME OF DÖNERwas refused for all of the services claimed. Anopposition decisionof 12.03.2025 can still be appealed.

Conclusion

Anyone wishing to develop a new mark should not only have regard to identical or similar signs, but should also check whether the sign contains elements that could trigger a mental association with well-known marks – even without a direct likelihood of confusion. The unlawful exploitation of the distinctive character or reputation of a well-known mark is a ground for opposition. Experience shows that proprietors of well-known marks defend these and their reputation vigorously.

Our law firm AVANTCORE has extensive expertise in trade mark law.We support you from the initial idea through the trade mark lawexaminationandregistrationthrough to theenforcement of your trade mark rights in court. We base our approach on an individual, economically sound strategy and a clear legal assessment.