On June 12, 2024, the European General Court blocked the registration of GPAY, the brand under which Google is recognized in online payments. The reason for the refusal is the fact that there is a great similarity between Google’s trademark and that of the Bulgarian company EPay AD. This is especially so considering the fact that both trademarks are used in the provision of financial services.
Google’s main argument in this dispute is that for Bulgarians there can be no similarity between the two trademarks because in the Bulgarian language the word “pay” is not identical to the English term used. They also presented statistics from Eurostat which confirm that the majority of the population in Bulgaria does not speak foreign languages, including English. Furthermore, Google argued that the word “pay” should not enjoy protection because it is a descriptive element of the trademark in these cases, and the difference between the letters G and E is sufficient to distinguish the two trademarks.
According to EU legislation, if a trademark is registered in one of the 27 member states and it is considered to be substantially similar to another new trademark application in an EU member state or in the EUL as a whole, this poses a problem for possible registration of the new brand.
Hence, the question remains open whether Google will change its trademark or make an acquisition of EPay AD.