Cancellation of the trademark “Travis Scott” filed in bad faith before the EUIPO

The American rapper's company obtained the invalidity of the EU trademark "Travis Scott" filed in 2020 by a Chinese company, designating clothes in Class 25. 

After recalling that there is no precise legal definition of the term “bad faith”, the EUIPO Cancellation Division noted that the evidence provided by the applicant attests to the artist's numerous international successes in both the music and fashion industries, including collaborations with famous designers such as Dior and Nike and the marketing of his own clothing range. 

It is clear from the foregoing and from the goods marketed under the trademark “Travis Scott” that the trademark owner sought to associate its goods with the rapper (e.g. reproduction of his songs’ lyrics and the logo of his music label), which cannot be described as a mere coincidence. 

The dishonest intention to take advantage of the artist's reputation is therefore characterised and fell below the standards of honest and acceptable behaviour.    

This intention is all the more apparent as the Chinese company offers for sale items linked to other American rappers' names. 

Finally, this decision is reminiscent of the cancellation of the trademark "NEYMAR" on the same grounds, which was confirmed by the General Court in 2019.   

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