This interesting case refers to the distinctiveness of Match Group, LLC’s trademarks “SWIPE” and “SWIPE RIGHT” in Spain.
The Board of Appeals at the Spanish PTO had upheld an appeal filed by the company Bumble Limited and refused the trademarks for lack of distinctiveness. The Board considered that the marks describe a characteristic of the services at issue, namely a main functionality related to their method of use.
Match Group appealed the decision before the High Court of Justice of Madrid. Despite the strong opposition of Bumble and the State Attorney representing the Spanish Patent and Trademark Office, the High Court of Justice of Madrid upheld the appeals of Match Group and revoked the refusal decisions of the Spanish Patent and Trademark Office. In decisions of November 8, 2021 (SWIPE RIGHT) and December 30, 2021 (SWIPE) the Court considered that Match Group had successfully proved through the market evidence submitted that Spanish consumers do not know the meaning of the terms “SWIPE” and “SWIPE RIGHT” and most of the ones who know it, associate it with the Tinder® app of Match Group.