That notoriety is substantiated by numerous articles on the origins of Miffy which show that more than 85 million books have been sold worldwide in more than 50 languages, awards have been won and all kinds of products and publications on licensed use.
Initially, the trademark will be cancelled only for clothing. The trademark will remain in place for sex toys. EUIPO judges that these products are not similar and are sold through totally different distribution channels. Also, it has not been proven that Miffy is a world-famous character.
Mercis (fortunately) appeals and submits a lot of additional evidence. This time successfully. Miffy is well known, the trademarks are similar, there is a link to the well-known trademark and the use of the new trademark is detrimental to the image so carefully built up. Consequence: the trademark application is refused. (Source image: Abcor)
