History of the Meeple
There has been a recent uproar in the board gaming community over ownership of the beloved term “meeple.” Most board gamers believed the word was a generic term for the classic small wooden people used in board games all over the world. The first use of a humanoid silhouette as a game token appears to be the use of a humanoid bust in the 1982 game Survive! The first game to use a full body humanoid silhouette token appears to be in the 1984 Ravensburger game Under Cover. https://en.wikipedia.org/wiki/Top_Secret_Spies The Under Cover meeple were much larger and had a different shape than the modern, tiny, sloped-shouldered meeple. The 1998 game Europa 1945-2030 used smaller meeple, much closer in design to the modern meeple we know today. https://therewillbe.games/articles-essays/8552-what-is-a-meeple-history-of-the-iconic-board-game-piece
Invention of the Modern Meeple
Bernd Brunnhofer is credited with creating the modern meeple design, first used in the 2000 game Carcassonne published by his employer German board game publisher Hans im Glück. Although Hans im Glück was the first to use a modern meeple in a game, the meeple was not called “meeple” at the time. The term meeple does not appear to have been used until American Alison Hansel coined the term while playing a game of Carcassone in 2000, Ms. Hansel first uttered the portmanteau “meeple,” while referencing “my people” during the game. Later that year she posted her new word to an online game forum and the term took off. The rest is history.
Meeple Becomes Generic
Since 2000, the term “meeple” has been used generically throughout the industry, being incorporated into titles of dozens of board games, with generic meeples being used in thousands more all over the world. The term is so ubiquitous that several United States trademark registrations have formally disclaimed the term “meeple,” legally recognizing that third-parties have a legitimate need to use the term “meeple” to describe and market their own goods and services.
The Cease-and-Desist letter
All was well and good in the world of meeple. That is, up until 2024. In early 2024, board game publisher Cotsworld Games launched a crowdfunding campaign on Gamefound for its newest game “Meeple, Inc.” Soon after the launch, Hans im Glück sent Cotsworld a cease-and-desist letter, asserting ownership rights in the word “meeple” and demanding Cotsworld remove all references to “meeple” from its game. Although Cotsworld quickly removed the term from its game and simply proceeded on with its crowdfunding, the board game community was understandably up in arms.
How could a company simply remove a word that millions of people have used generically for decades? Well, the answer is complicated. In the United States no one has a federally registered the word “meeple” for board games. It is not that no one has ever thought of it, it is just that in the United States you are not allowed to register words that are descriptive of, or generic for, the associated product. So while you could possibly obtain a federally registered trademark on “meeple” for rolling pins, you would not be able to obtain a federally registered trademark on “meeple” for the classic small wooden people used in board games all over the world.
U.S. Trademark Rights in “Meeple”
There are other United States trademark registration that have issued and which contain the word “MEEPLE.” A company called Meeple Madness, Inc. out of Georgia has a federal trademark registration on a design that includes the word “meeple” with the “A” replaced by the figure of a meeple, as used in association with online and offline retail store services featuring tabletop games and accessories. Another company, Gamelyn Games LLC out of Arizona, has a federal trademark registration on the word “ITEMEEPLES” as used in association with component parts for playing table top board games, namely, game piece figures and game piece figures which include holes for mounting accessories on the figures. Others have tried and been denied federal trademark registrations containing forms of the word “meeple” based upon their confusing similarity to these two and other federal registrations. Other registrations covering forms of the word “meeple” have been granted for items other than games. Meeple Loot, LLC owns a design mark for a chest full of meeple that says “Meeple Loot” on the front, as used in association with clothing, but that registration specifically disclaims the word “meeple” as being descriptive and therefore not protectable on its own.
The New McBrine/Thompson Application
There have been more recent applications, including one for the word “meeple” by itself as used in association with shirts and games. This application was filed by Marian McBrine and Corey Thompson. Interestingly, in filing their trademark application, on May 30, 2024, Ms. McBrine and Mr. Thompson appear to have both signed and submitted a legal document to the United States Patent and Trademark Office stating:
“To the best of the signatory’s knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive.”
and
“To the best of the signatory’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.”
and
“The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.”
Given the background of Ms. McBrine and Mr. Thompson in the board game industry, it is difficult to believe either Ms. McBrine or Mr. Thompson, after making a reasonable inquiry into the facts, could plausibly argue they believe no one else in the United States has a right to use “meeple” in association with board games. While I have to admit I have never seen anyone ever go to prison for willfully making a false statement on a federal trademark application, I also have never seen anyone with such extensive knowledge in the industry sign this document asserting they have exclusive rights in such a ubiquitous and descriptive word.
So what about Hans im Glück? Thankfully this publisher has no registered trademark rights to “meeple” as used with board games or meeple in the United States. That is not to say Hans im Glück will never attempt to assert common law rights or apply for a United States trademark registration in the future, but for now, its potential for enforcement of any rights to the word “meeple” in the United States for meeple or board games appears weak. So in the United States, not only can no one currently prevent you from using the term “meeple” to sell board games and meeple, but it appears that will remain the case for quite some time. In the European Union, however, it is a little different story.
Hans im Glück’s Rights to “Meeple” Outside the U.S.
What trademark rights does Hans im Glück have in the word “meeple” in Europe? In terms of registrations, it has a German 302021101641 national trademark registration on the word “meeple” in association with nine classifications of goods and services, including toys and games. It also has EU 016791741 and UK UK00916791741 trademark registrations for “meeple” as used in association with six classifications of goods. None of these classigfications, however, include board games or physical meeple.
For the “meeple” silhouette, Hans im Glück has UK UK00916791725 and EU 016791725 trademark registrations for a single front-facing silhouette, as used in association with six classifications of goods, none of which include board games or physical meeple and a pending German 3020211018214 trademark application for a single front-facing silhouette, as used in association with “Other unidentifiable personifications, other fantastic beings of human appearance.”
What does this all mean? What rights do those registrations give Hans im Glück? Well, outside of the EU and UK, none. Its only rights to the word “meeple” outside the EU and UK would rely on either common law rights or specific trademark rights granted by individual countries. Can Hans im Glück enforce its rights inside of the EU? As only the German trademark registrations cover board games and meeple, it will be difficult for Hans im Glück to assert rights to the word “meeple” for board games and meeple outside of Germany. Within Germany, however, it may be possible to cancel Hans im Glück’s trademark registration to the extent it applies to board games.
Is Hans im Glück’s Meeple Trademark Registration in Germany Vulnerable to Cancellation?
In Germany, you may apply to invalidate and cancel a trade mark registration if there are absolute grounds for refusal. Absolute grounds for refusal in Germany include:
- lack of distinctiveness
- descriptive terms that must be kept freely available for general use
- danger of deceiving the public
- an emblem of state included in the trade mark
- offence against public policy or accepted principles of morality
To cancel a trademark you are required to file your application for a declaration of invalidity in writing and include the facts and evidence in support of the statement of grounds for invalidity. The fee for the application is 400 euros.
Conclusion
Hans im Glück holds no trademark registrations that would prevent you from using “meeple” on board games or meeple in the United States. That does not mean that Hans im Glück would not sue you for trademark infringement hoping you would back down, rather than try to fight in court. While that strategy might would with small publishers, it will not work with deeper-pocketed large publishers who have the money to prove the term “meeple” for meeple is generic in the United States. Hans im Glück does have some registrations abroad though. While its EU and UK registrations for “meeple” do not cover board games, it may still try to assert that right in the future. However, for the same reason Hans im Glück was unable to obtain “meeple” trademark registrations on board games or meeple in the the EU and UK, it would be unlikely to successfully assert such rights in court. In Germany, however, Hans im Glück does hold a national trademark registration on the word “meeple” in association with toys and games. While it appears this registration may be vulnerable to an application for cancellation it is unclear who, if anyone, will take on that fight. Until then, it is likely best to avoid using the word “meeple” to promote your board games and meeple in Germany.
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