Amazon Smile
sets itself
through.
Amazon Smile
sets itself
through.
from
Is a young retail company allowed to use a smiling arrow that is strongly reminiscent of the well-known Amazon smile? Or is this already an impermissible image transfer? The Opposition Division of the EUIPO has now clearly answered these questions.
Amazon Smile vs. Gruboo
What initially appears to be a typical trademark dispute between a global platform provider and a smaller retailer turns out on closer inspection to be an impressive demonstration of the reach of trademarks with a strong reputation. Amazon successfully took action against Gruboo’s EU trademark application.
The following trademarks faced each other:
Background: Well-known trademark
Amazon’s older trademark, consisting of the well-known lettering and the curved arrow typical of the brand, has enjoyed an extremely strong presence in European online retail for many years. This is particularly evident in the digital book trade, where Amazon has played a market-shaping role since the end of the 1990s. It was precisely this reputation that the company relied on in its opposition – and the evidence convinced the Office: media reports, rankings and documented intensive use were sufficient for the EUIPO to assume a strong reputation in the internal market. Unsurprisingly, the Office rejects reputation in the UK – Brexit makes it necessary.
Decision of the EUIPO
On the merits, the Opposition Division follows the Decision of 02.12.2025 – Ref. B 3 224 885 a classic but consistently applied grid. The word elements “amazon” and “GRUBOO” are clearly different; phonetically, the two have nothing to do with each other. Nevertheless, the Office sees a relevant visual proximity because both signs have the same graphic core: a smiling arrow drawn to the right, which characterizes the overall image. It is precisely this element, which has been perceived as an iconic component of Amazon for years, that appears again in a very similar form in the challenged sign.
This makes the next step almost inevitable: the public will – according to the office – create a mental link between the two signs. And this link is not without consequences. The Opposition Division assumes that Gruboo is “unfairly exploiting” the attractiveness and reputation of the Amazon trademark. The smile arrow gives the younger sign an undeserved image advantage that facilitates market penetration. This is precisely what EU trademark law is supposed to prevent. An in-depth examination of dilution or damage to reputation was therefore unnecessary.
Beware of famous trademarks
The case is a good reminder of how sensitive the protection of famous trademarks can be. There is no need for identical words or direct product overlaps. A single concise image element is enough to build a mental bridge – especially in the online retail environment, where product ranges are easily expanded. Anyone developing a logo should be aware of this: The more iconic the logo of a market leader, the less creative leeway is allowed.
Conclusion
The decision makes it clear how far the scope of protection of well-known trademarks can extend if a distinctive graphic element is adopted. Even if there is only a slight similarity in the overall impression, a characteristic figurative element is sufficient to create a mental connection – and thus exceed the threshold for unfair exploitation of the reputation.
For companies, this means that the more well-known a trademark is, the more sensitively trademark law reacts to creative approaches. Anyone who takes up iconic image motifs quickly moves outside the permissible scope.
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