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Patent troll wins Bitcoin logo trademark, now claims online copyright infringement

Patent troll wins Bitcoin logo trademark, now claims online copyright infringement

CryptoSlate2025/10/20 10:00
By: Liam 'Akiba' Wright
BTC-0.34%B+7.02%IP-2.26%

A Spain trademark registration for the Bitcoin logo is prompting removal of merchandise on Amazon and Etsy, creating immediate friction for sellers as platforms enforce against listings worldwide on the strength of a single national filing.

Per the WIPO Global Brand Database entry referenced by affected sellers, the record tied online to ES5020240 M4296236 names an individual applicant. Reports of mass listing removals have circulated in recent weeks through merchant forums and a widely viewed Reddit thread.

Sellers received notices citing the Spanish registration and saw apparel and accessories disappear from storefronts within hours.

Platform enforcement mechanics explain the velocity.

Amazon’s Brand Registry and reporting tools accept government issued trademark registrations from approved offices, including Spain and the European Union, which enables rights owners to file infringement claims across multiple marketplaces with relatively low friction.

Per Amazon’s program requirements and report portal, documentation of a registered or pending mark is sufficient to unlock brand protection workflows, and rights owners can issue notices that remove listings pending counter-notice or further review.

Etsy maintains a similar structure, with an IP Policy and reporting portal that allows authorized rights owners to request removal and sets out a counter-notice procedure for sellers. Per Etsy’s policy, content is removed when a valid notice is received, and restoration depends on seller response timelines and documentary evidence.

The legal backdrop in Spain cuts the other way.

Courts have twice ruled in favor of treating Bitcoin’s logo and word mark as public domain within Spain, finding attempts to monopolize the symbol to be in bad faith given the origin and community grant.

A 2024 decision from Bilbao Commercial Court No. 2 annulled a prior BTC-logo mark, and the Audiencia Provincial de Vizcaya confirmed that outcome on appeal in May 2025. The holdings frame the logo as a community asset and limit the ability of private parties to claim exclusive control in Spain.

That split between platform policy and local case law explains why takedowns can propagate internationally before a court looks at the merits of the current filing. Registers and indices like WIPO or OEPM confer evidentiary weight to a filed or granted mark, and Brand Registry teams are optimized to act on that paperwork.

Per OEPM’s guidance, registrability and enforceability are not identical, and invalidity or nullity actions can unwind registrations that are generic, non distinctive, or filed in bad faith. Filing those actions and surfacing them in public bulletins takes time, and during that time platforms continue to remove listings when notices arrive.

Forward looking dynamics now turn on two clocks, marketplace enforcement cadence and Spain’s administrative or judicial timeline.

In the near term, zero to six months, sellers should expect intermittent removals on Amazon and Etsy that extend beyond Spain storefronts, because Brand Registry eligibility attaches to the presence of any accepted registration and reporting teams process claims quickly.

In the medium term, six to eighteen months, one of several pathways could slow or stop the flow. An interested party can initiate administrative invalidity or bring a nullity action in court, cite the 2024 and 2025 decisions as persuasive authority on public domain status, and push for suspension or cancellation.

Visibility will come first through OEPM bulletin entries and dossier updates, which provide the earliest signals that a challenge is in motion. If a challenge proceeds, platforms can adjust or pause enforcement against the cited mark while the matter is adjudicated, or sellers can submit counter-notices that reference docketed actions and prior holdings.

The applicant’s history provides further context on durability.

Public records show prior EU filing activity by the same name, including application 018460947, which was refused in April 2022. That pattern does not decide the outcome of a Spain-only mark, however it provides material for a bad faith narrative when combined with the public domain holdings. Per the EU application history and related owner entry, repeated attempts to ring fence the logo have struggled at the regional level, and the Spain decisions now supply fresh domestic precedent.

Territorial scope also matters. An EU trade mark would extend across member states, while a Spain national mark does not. The marketplace effect is different, because Amazon and Etsy treat Spain’s office as an accepted source of rights for onboarding and notice purposes.

Per third party program summaries and Amazon’s own help pages, eligibility lists include Spain and the EU, which means a Spain grant can trigger tools that function across multiple geographies even if legal scope is national.

That disconnect is driving the present wave of removals in non Spanish storefronts and is likely to persist until an invalidity action suppresses the underlying record or platforms narrow cross border enforcement based solely on national marks.

For readers tracking process, several watch points are actionable.

Platform What qualifies as a right Intake method Spain office accepted Counter-notice path
Amazon Registered or pending mark from approved IP office, plus verification Brand Registry, Report Infringement portal Yes, Spain and EU included Seller appeals within Seller Central, documentation required
Etsy Authorized rights owner assertion referencing a registration or other right IP Reporting Portal Yes, notices referencing Spain registration are processed Formal counter-notice process, restoration if dispute is resolved

For merchants and protocols, the near term task is procedural.

Document current notices, preserve takedown IDs, and prepare counter-notices that cite Spain’s 2024 and 2025 decisions and any newly filed invalidity actions visible in OEPM records, while coordinating with counsel on timing.

For policy teams at marketplaces, the question is whether single country registrations should drive global removals for symbols with clear public domain jurisprudence in that same country, and whether adjudication cues from OEPM or the courts can throttle automated actions during live challenges.

The court record in Spain is clear on the status of the Bitcoin logo as a public domain sign, and marketplace tooling is now the leverage point that will determine how far a Spain filing can reach before that status is tested again.

Disclaimer: The content of this article solely reflects the author's opinion and does not represent the platform in any capacity. This article is not intended to serve as a reference for making investment decisions.
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