A digital following in the millions is not the same as brand recognition in the marketplace

The EUIPO recently issued a decision upholding an opposition filed against an application for MRBEAST in respect of food and drink products. The application for MRBEAST was opposed on the basis of a Benelux registration for BEASTIE BURGERS, which meant that the relevant territory for the assessment of likelihood of confusion was the Benelux. 

The applicant claimed that the relevant public would perceive the mark as a reference to James Stephen Donaldson, better known as “MrBeast”, a prominent Youtuber with over 450 million subscribers. The evidence filed in support of the application included articles from Belgian newspapers in which MrBeast was referred to as “the world's most popular YouTuber” and “a famous YouTuber”. The Board of Appeal did not dispute that given the sheer number of subscribers to the MrBeast YouTube channel, a part of the relevant public in the Benelux may be familiar with the YouTuber and as a result associate the mark with it. However, it was noted that the applicant did not submit subscriber or follower data from the Benelux countries. The Board also noted that YouTube followers are particularly numerous among the younger generations but not so much the older generations. Therefore the Board considered that a significant part of the Benelux public are not familiar with MrBeast and his YouTube channel. 

This decision is a reminder that a large online following, despite being in the millions, is not the same as having a recognised brand in the marketplace. As always, evidence showing recognition amongst the general public for the all relevant territories is key.