Entain Loses EU Trademark Protection For Sportingbet Logo

Entain’s Sportingbet brand has lost trademark protection across most betting and gaming-related goods and services after the EU Intellectual Property Office declared its established logo invalid.

In a decision dated 18 June, the EUIPO Cancellation Division ruled that the “sportingbet” mark, filed in 2003 and registered in 2005, was descriptive and lacked distinctive character for betting and gambling services.

The ruling removes protection across large parts of six trademark classes covering communications, gambling-related financial services, data transmission and gaming.

“This case concerns a specific EU trademark registration and not Entain’s ability to use the Sportingbet brand. The decision has no impact on Sportingbet’s operations, products or services, and Sportingbet remains fully available for use by Entain,” A spokesperson told NEXT.io.

“Entain does not accept the conclusion that Sportingbet is descriptive or non-distinctive. The brand has operated in the market for many years and is recognised by consumers as identifying the commercial source of our services. The decision is not final and we expect to pursue an appeal.”

Rival Challenge Weakens Protection For Core Gambling Uses

The cancellation challenge was brought by SB Entertainment, the Malta-based company behind the rival Sportingwin brand. 

This case is part of a wider dispute, with NEXT.io reporting that SB Entertainment had sought a settlement from Entain. The ruling leaves Sportingbet protected only for a limited set of services, including advertising, marketing, database and real estate activities. 

However, it could weaken Entain’s ability to enforce against competitors using similar branding in Europe.

Office Says Logo Styling Did Not Make Mark Distinctive

The Cancellation Division found that English-speaking consumers would understand Sportingbet as referring to a bet or gambling activity linked to sport. It also ruled that the logo’s visual design was not enough to make the mark distinctive.

“The stylised elements are so negligible that they do not endow the trademark as a whole with any distinctive character.” 

The office added that the blue colour used for “sporting” and red for “bet” simply made the words easier to read. “The graphic elements do not distract the consumer’s attention from the descriptive message conveyed.”

Sportingbet Limited argued that the term was coined and grammatically unusual. It also pointed to more than 20 years of trading, with a trademark portfolio dating back to 2000 and sponsorships involving Tottenham Hotspur and FC Steaua București.

Entain Maintains Brand Recognition Despite Appeal Risk

Sportingbet has operated since 1998, but it was acquired by Entain in 2013. The brand runs sites and apps in the UK, Brazil, Latam, Greece and Germany.

“No English-speaking consumer would ever say they were placing a ‘sportingbet’ or even a ‘sporting bet’,” Entain said. They also argued that the challenge was to frustrate its enforcement efforts, claiming its rival had copied Sportingbet branding.

The EUIPO noted that previous attempts to register the word “sportingbet” had been refused, while stressing that it was not bound by earlier decisions.

For now, the logo retains protection only where services are not linked to gambling. Entain can still appeal the decision before the EUIPO Boards of Appeal.

The EU Intellectual Property Office has stripped Entain’s trademark protection for the Sportingbet brand. According to reports, the company has lost the majority of six trademark classes but managed to retain those for advertising, marketing, database and its real estate portfolio. Entain is preparing to submit a petition to the EUIPO Boards of Appeal.