DC Comics retains trademark rights for Batman logo in European Court battle

In a recent legal battle over the iconic Batman logo, DC Comics emerged victorious, securing its trademark rights in the European market. The General Court of the European Court of Justice ruled in favor of the comic book publisher, dismissing an application by an Italian company, Commerciale Italiana, to invalidate the trademark. This decision affirms DC Comics' exclusive rights to use the Batman symbol on a wide range of merchandise, including clothing and carnival items.


Igor Demcak

The Background

DC Comics initially filed an application for a figurative sign of the Batman logo with the European Union Intellectual Property Office (EUIPO) in 1996. The trademark was granted in 1998, enabling DC Comics to utilize the iconic logo on various products for over 25 years. However, in 2019, Commerciale Italiana sought a declaration of invalidity of the trademark in Classes 25 and 28 of the Nice classification system, which cover clothing and carnival items.

Commerciale Italiana's Argument

Commerciale Italiana, a Naples-based company specializing in paper coffee cups and compostable cutlery, argued that the Batman logo was too generic and lacked distinctive character. The company accused the EUIPO of not properly justifying its rejection of their application. Luigi Aprile, the sole owner of Commerciale Italiana, sought permission to use the logo on various goods, including T-shirts and party hats.

DC Comics' Defense

DC Comics defended its trademark vigorously, asserting that the logo had gained widespread recognition and had become intrinsically associated with the Batman character. The comic book publisher argued that the logo's distinctive design, featuring an oval with a bat representation inside, had acquired distinctiveness through extensive and continuous use in commerce.

The Court's Ruling

The Court of Justice of the European Union, in the Case T-735/21, analyzed the evidence presented by both parties and evaluated the distinctive character of the Batman logo. The court ruled that the evidence provided by Commerciale Italiana was insufficient to demonstrate that the trademark was devoid of distinctive character. The association of the bat logo with the fictional character Batman was not deemed enough to undermine its potential as an indicator of the origin of the goods.

The court further emphasized that the extensive use of the logo by DC Comics across a wide range of merchandise for over two decades had contributed to its recognition and distinctive character in the eyes of consumers. The ruling reasserted the importance of protecting well-established trademarks that have gained distinctiveness through continuous use and become associated with a particular brand.

Implications for DC Comics and Trademark Law

The decision by the General Court of the European Court of Justice serves as a significant victory for DC Comics and trademark holders in general. It reaffirms the principle that trademarks with acquired distinctiveness through long-standing use can be protected, even if associated with fictional characters or imaginative elements.

The ruling also underscores the importance of properly justifying the rejection of applications seeking to invalidate trademarks. The EUIPO's cancellation division and appeals board had previously concluded that the Batman logo deserved protection due to its association with the superhero. The court's decision upholds these earlier determinations and reinforces the need for a thorough examination of evidence in trademark disputes.


The European Court of Justice's ruling in favor of DC Comics in the legal battle over the Batman logo ensures the company's continued exclusivity and control over the use of the iconic symbol. The decision recognizes the distinctiveness and association of the bat logo with the Batman character, solidifying its role as an indicator of the origin of the goods it represents. This verdict has broader implications for trademark law, emphasizing the importance of acquired distinctiveness through extensive use and consumer recognition.

Igor Demcak
Igor Demcak

Trademark Attorney

Founder & CEO of Trama

7 year experience in IP protection

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