SpaceX challenges European trademark application for e-cigarette brand

Founded in 2002 with the mission to revolutionize space technology, SpaceX is globally renowned for designing, manufacturing and launching advanced rockets and spacecraft.

Elon Musk’s company was the first private enterprise to successfully launch a spacecraft into orbit and return it safely to Earth, and the first to dock a crewed spacecraft with the International Space Station (ISS).

But SpaceX is not only a pioneer in the aerospace industry—it also takes its trademark protection seriously.

A Hong Kong-based company recently applied to register the figurative trademark ‘SPACEX BAR’ with the European Union Intellectual Property Office (EUIPO), covering e-cigarettes and vapes:

SpaceX did not hesitate and filed an opposition. But why would SpaceX object—aren’t these completely different products?

The answer is straightforward: the protection of the brand value. SpaceX is not a cigarette brand, nor does it wish to be associated with one. In legal terms, it can cause dilution or tarnishment. If there is a risk that the reputable brand could lose its distinctive character or suffer damage to its reputation, the trademark owner is entitled to take legal action.

Critics might ask: isn't such an opposition an overreaction? How could an e-cigarette company possibly damage a space exploration icon? But in a world where branding is everything, a company cannot afford to let its name be diluted by identical or similar trademarks used in unrelated contexts.

To succeed, the trademark owner must first prove that their mark enjoys a reputation (i.e., has a certain degree of recognition). To support its claim, SpaceX submitted extensive evidence, including news articles, social media engagement statistics and marketing expenditure figures.

The EUIPO has ruled that this evidence sufficiently demonstrates that SpaceX has indeed a reputation. In such cases, action can be taken against trademarks registered for dissimilar goods or services, as long as the average consumer is likely to make a mental connection between the marks. The EUIPO found such a link plausible. The result: the European trademark application for e-cigarettes has been rejected.

This case underscores the importance for well-known brands to safeguard the exclusivity of their trademark rights, especially against marks used for unrelated products or services.

Author: Matthias Van Den Broek

Bio: Matthias van den Broek is a trademark attorney and specialist in advising in online brand protection and domain name disputes. His client portfolio includes well-known names in the financial sector, ranging from crypto startups to market makers. Matthias enjoys writing about current intellectual property issues, with an affinity for design law