Banksy is Victorious in a European Union Trademark Case, Keeping Trademark Rights and Maintaining Anonymity

The European Union Board of Appeals recently overturned a 2021 decision by the EU’s Intellectual Property Office (EUIPO) that found Banksy’s trademark of his well-known graffiti ape “invalid in its entirety.” This appeal stemmed from an opposition filed back in 2019 by a greeting card company called Full Colour Black. In the opposition, Full Colour Black alleged that the subject registration was filed in bad faith and that the work was not distinctive. However, as the EU’s Board of Appeals found that Full Colour Black failed to prove the trademark was filed in bad faith, Banksy now keeps the trademark rights and maintains anonymity.