This decision overturns a previous ruling by the European Union Intellectual Property Office (EUIPO), based in Alicante, which had allowed a Polish defense company, Works 11, to register the name Obelix for the production of weapons, explosives, and ammunition.

The publisher, owner of the rights to Asterix and Obelix, had previously attempted to have the EUIPO reject the Polish company's claim, opposing the trademark registration. However, the Alicante-based body argued that the publisher had failed to demonstrate that the word Obelix was perceived as a brand with its own value, but rather as a character, suggesting that the actual brand was the expression "Asterix and Obelix".

Furthermore, the EUIPO noted that Les Editions Albert René had only registered Obelix in categories such as comics, clothing, or films, but not in section 9 of the Nice Classification, which includes weaponry. It also considered that the Polish company's target audience was highly specialized, which reduced the risk of confusion.

The court highlighted the trademark's market share; the intensity, geographical extent, and duration of its use; as well as the significant expenditure incurred by the character's creators to promote it. The court concluded that to establish a trademark's relevance, all these elements must be considered collectively, not in isolation.

The ruling also states that there is no provision in European law that obliges a manufacturer to demonstrate the use of one trademark independently of another. Therefore, the business generated by the expression "Asterix and Obelix" should also have been considered to determine if the trademark had sufficient prior reputation to prohibit its use by third parties, even in unregistered categories, to prevent reputational damage. The TGUE also emphasizes that the term Obelix has no meaning in any language and has been used exclusively in the comic for 60 years.