FOR BETTER GAMING – VEIKKAUS And The Challenges Of Registering Advertising Slogans As EU Trademarks

On 1 July 2026, the General Court of the European Union ruled on the application for the EU word mark ‘FOR BETTER GAMING – VEIKKAUS’ filed by Veikkaus Oy, the Finnish state-owned and sole gambling operator. The judgment serves as a useful reminder of a well-known (yet often underestimated) principle of trademark law: a strong marketing message is not automatically a trademark, says Noé Himmelreich. 

As background, Veikkaus applied for trademark registration for the word mark ‘FOR BETTER GAMING – VEIKKAUS’ covering, among other things, gaming, gambling, entertainment, software and related technological services. The European Union Intellectual Property Office (EUIPO) ruled that the sign lacked sufficient distinctive character for a significant portion of those services and refused registration. After the Board of Appeal largely upheld that decision, Veikkaus appealed to the EU General Court. 

The central issue behind the case (T-615/25) was whether the sign was inherently (“intrinsically”) distinctive. Veikkaus argued that the relevant public would perceive the term 'VEIKKAUS' partly as a reference to its company, thereby making the mark as a whole more than merely a promotional message. “Veikkaus” is the Finnish word for “gambling” or “betting”; while a non-distinctive sign, the standalone trademark had acquired distinctiveness through intensive commercial use.

How did the EU General Court assess the slogan?

In its reasoning, the EU General Court began with a classic principle: a trademark must enable the consumer to identify the commercial origin of services or products and distinguish them from those of other undertakings. If that function of indicating commercial origin is missing, the mark lacks distinctive character, leading to refusal under Article 7(1)(b) of the EU Trademark Regulation (EUTMR). 

For its assessment, the Court focused particularly on the Finnish-speaking segment of the relevant public. According to the EUIPO and the EU General Court, this audience (being proficient in both English and Finnish) would interpret the combination as a message along the lines of “for a better game of chance – betting/gambling.” Consequently, the sign was perceived primarily as a promotional or descriptive message regarding the quality or purpose of the services offered, rather than as an indication of commercial origin. 

Can you register slogans as trademarks in the EU?

Depending on the specific circumstances, slogans can be registered as trademarks. The Court of Justice of the EU (CJEU) has previously confirmed that the criteria for registering slogans are no stricter than those for other trademarks. A slogan can be distinctive if, for instance, it contains a play on words, evokes multiple meanings, is surprising, or prompts the consumer to think. Examples include slogans such as KitKat’s 'Have a break', Audi’s 'Vorsprung durch Technik', or Oatly’s 'It’s like milk, but made for humans'. 

According to the EU General Court, such elements were absent in this case. The message was perceived as a standard advertising statement rather than an indication of origin. The refusal was therefore upheld. 

What about acquiring distinctive character through use?

Another notable aspect in this case is that the Board of Appeal had referred the matter back to the examiner to assess whether the sign might have acquired distinctive character through use. This relates to the exception under Article 7(3) of the EUTMR: a sign that is initially non-distinctive can become registrable if the relevant public has come to recognise it as a trademark due to intensive use.

However, the EU General Court clarified that this question is distinct from the assessment of the inherent distinctive character of the new trademark application for the slogan. The fact that a component of a sign has become known through use does not automatically render the entire sign (the subject of a new application) distinctive. According to the Court, the addition of a hyphen, which gives the distinctive element an independent position within the new sign, does not overcome this ground for refusal. 

The crux of the matter lies primarily in the confusion between a “well-known mark” and “distinctive character”. For trademark owners, this is a crucial distinction. A mark may be widely known among customers yet lack sufficient distinctiveness within a new composite trademark application, potentially leading to the refusal of registration and, consequently, the denial of trademark protection. 

What does this mean in practice?

This ruling offers several valuable lessons for companies developing new brands and slogans in the EU. 

1 Avoid purely promotional slogans if you want trademark protection

Slogans such as 'For Better Gaming', 'Simply Better', 'Future Ready', or 'Your Trusted Partner' are commercially attractive but legally vulnerable. The more a sign is perceived as a standard promotional message, the greater the likelihood of refusal. 

2 Add sufficiently distinctive elements to your slogan

A slogan stands a better chance if it is original, unexpected or linguistically inventive. Consider using a play on words, an unusual combination of terms, or a fanciful element that points directly to a specific company. 

3 Invest in evidence of use early on

When a brand or slogan plays a key role in your branding strategy, it is wise to start gathering evidence right from the start, such as data on market share, advertising investment, website traffic, market research, and other information demonstrating that the public recognises the sign as a trademark. Such documentation can prove crucial later if you need to rely on acquired distinctiveness through intensive use to secure a trademark registration for a sign that lacks inherent distinctiveness. 

4 Think European

For an EU trademark, an absolute ground for refusal can exist even if the issue arises in only a part of the European Union. A sign that appears unproblematic in most member states could still fail to be registered if it is deemed descriptive or non-distinctive in just one relevant language or market. 

Key takeaways about slogans as trademarks in the EU

With this judgement, the General Court reaffirms that European trademark law does not grant a monopoly over general marketing messages. A slogan must do more than simply convey a positive message; it must also enable the relevant public to recognise the commercial origin of the services concerned. As importantly, adding a sign that has acquired distinctive character through use to a generic slogan does not automatically confer distinctive character on the slogan as a whole. 

There is a clear lesson here for companies developing new brands and slogans. Opting solely for a promotional advertising slogan carries the risk that it cannot be protected as a trademark. Effective trademark protection for slogans within the EU therefore requires a distinctive strategy, potentially supplemented by strong evidence of long-term use.