On 8 July 2026 the EUIPO refused EU trade mark application No 019198973 for the word LUX, filed by the singer Rosalía, for all the goods and services claimed. This EUIPO refusal for lack of distinctive character turned on a single language: Romanian speakers read “lux” as “luxury”, and under EU law one language is enough. Any Spanish, Portuguese or Latin American brand with a short, positive-sounding name should check it in every official EU language before filing.
Key takeaways
- The EUIPO rejected LUX for music recordings, electronics, eyewear, clothing and live entertainment in Classes 9, 25 and 41.
- The objection was finally based only on the Romanian-speaking public, for whom “lux” means luxury, superior quality or select.
- Article 7(2) of the EU Trade Mark Regulation (EUTMR) lets the Office refuse a mark if the problem exists in only part of the EU.
- Acceptance in the United Kingdom and earlier LUX registrations did not help: the EU system is autonomous.
- The applicant can appeal to the Boards of Appeal within two months of notification.
What did the EUIPO decide in the LUX case?
The EUIPO decision of 8 July 2026 closes an examination that lasted a year. The timeline shows how an objection can narrow but still be fatal:
| Date | Step |
|---|---|
| 10 July 2025 | First notice of grounds for refusal under Article 7(1)(b) and 7(2): English- and Romanian-speaking consumers would read LUX as luxury, luxurious, superior quality, select |
| 11 September 2025 | Applicant’s observations |
| 3 February 2026 | Second notice: the objection is kept, but only for the Romanian-speaking public |
| Following two months | No reply from the applicant within the time limit |
| 8 July 2026 | Application rejected for all goods and services; appeal possible within two months |
The operative part refers to Article 7(1)(b) and (c) and Article 7(2) EUTMR. The reasoning set out in the notices, however, is about lack of distinctive character: the sign is a laudatory message, not an indication of commercial origin.
Why did the EUIPO refuse LUX for lack of distinctive character?
Under Article 7(1)(b) EUTMR, marks “devoid of any distinctive character” cannot be registered. The examiner relied on Romanian dictionaries (Dexonline, which reproduces reference works such as DEX) and on Romanian websites using “lux” and “de lux” for deluxe vinyl editions, high-end audio and luxury watches. The conclusion: Romanian consumers would see LUX as a promotional statement that the goods and services are premium, not as a brand.
The applicant’s arguments were answered one by one:
- “LUX is not LUXURY”: in Romanian, “lux” itself carries the laudatory meaning.
- Other meanings (the unit of illumination, the Latin word for light): it is enough that a non-negligible part of the public perceives the problematic meaning.
- Earlier LUX registrations at the EUIPO and in Romania, and the UK acceptance: not binding, because the EU trade mark regime is autonomous, and the Office found other Romanian LUX applications that had been refused.
The “any EU language” test
Article 7(2) EUTMR states that the grounds for refusal apply “notwithstanding that the grounds of non-registrability obtain in only part of the Union”. In practice, a word that is descriptive or laudatory in one official language, for the consumers who speak it, can sink an application covering all 27 Member States. Rosalía’s mark was examined against Romanian, a language few Spanish or Latin American brand owners would think to check.
The same logic works in reverse. A Spanish or Portuguese word that sounds distinctive in Madrid, São Paulo or Bogotá may be ordinary vocabulary in Italian, Romanian or French, all Romance languages with shared roots.
What this means for your business
- Screen every short or positive word against all official EU languages before filing, not only English and your own.
- Look beyond dictionaries: the EUIPO also uses ordinary websites to show how a word is used in trade.
- Answer every notice. Here the applicant did not reply to the second notice, and the Office decided on the file.
- Have a fallback: an appeal, conversion of the EU application into national applications where the objection does not apply (Article 139 EUTMR), or a composite mark with a distinctive element.
- For Latin American launches, file nationally or via Madrid in parallel; an EU refusal does not decide registrability in Mexico, Colombia or Brazil.
If you are naming a product for several markets, our EU and Latin American trademark registration team can run the multilingual check before you commit to packaging and domains.
When to bring in an adviser
- Before filing, when a short word, abbreviation or Latin root is involved.
- When a notice of grounds for refusal arrives: the two-month reply period is the best moment to narrow goods, add evidence or change strategy.
- When relying on acquired distinctiveness: evidence must cover the part of the EU where the objection applies, here Romania.
- When an EU refusal threatens a wider portfolio built on the same word through Madrid.
A refused EU mark is costly to fix late: packaging, domains and licensing may already rely on it. Coordinating searches, filings and replies from one team avoids missed deadlines and inconsistent arguments across offices.
Frequently asked questions
Can the EUIPO refuse my mark because of one language I do not sell in?
Yes. Under Article 7(2) EUTMR, a ground for refusal that exists in only part of the EU is enough to refuse an EU trade mark. If a word is laudatory or descriptive for speakers of one official language, the application can fail even if you have no sales in that country.
What can I do after an EUIPO refusal?
You can file an appeal with the Boards of Appeal within two months of notification, with the grounds due within four months and an appeal fee of EUR 720, as the LUX decision states. Alternatives include converting into national applications where the ground does not apply or filing a different sign.
Does registration in the UK or a Member State help at the EUIPO?
Only indirectly. The EUIPO and the EU courts treat the EU trade mark regime as autonomous, so national or UK acceptances are not binding. In the LUX case, a UK acceptance and earlier LUX registrations were taken into account but did not change the outcome.
Can IP Global Guard check and file my brand at the EUIPO?
Yes. We run the multilingual and register searches, prepare the EU filing and handle notices before the EUIPO directly where our professionals are entitled to act and otherwise through qualified representatives. We coordinate the same mark in Latin America and Africa from a single point of contact.
Talk to us before you file the name
IP Global Guard, the IP services line of META Channel Corporation Limited, protects brands across more than 25 jurisdictions in Europe, Latin America and Africa with one strategy and one billing relationship. See our coverage across the corridor.
Send us the name you plan to use, the products and the markets. We will check it against the EU languages and registers, flag the risks and propose a filing plan for Europe and Latin America. Ask our trademark team for a pre-filing check.
This article is general information, not legal advice, and reflects the position on the date of publication.
