#62025TO0734EU Court Upholds Refusal of Skechers’ CONTOUR FOAM Trade Mark
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
The order leaves in place EUIPO’s refusal to register CONTOUR FOAM as an EU trade mark for footwear. The court treated the term as descriptive, meaning it tells consumers about a feature of the product rather than identifying Skechers as the commercial source. The practical message for footwear and consumer-goods brands is clear: names that describe materials, cushioning, shape, comfort, or product function may fail as EU trade marks unless they have a distinctive element. Companies should stress-test product names before filing and avoid relying on descriptive wording alone.
AI-generated summary. May contain errors. Refer to official sources for legal decisions.
Key Changes
- Confirms EUIPO’s refusal to register CONTOUR FOAM as an EU trade mark for footwear
- Reinforces that descriptive product terms cannot usually be monopolized as trade marks
- Signals that footwear brands need more distinctive naming for EU trade mark protection
Obligations
What this law requires
Under Article 7(1)(c) of Regulation (EU) 2017/1001, EU trade marks must not consist exclusively of signs or indications that describe characteristics of the goods, such as material, cushioning, shape, comfort, or function.
The General Court left in place EUIPO’s refusal to register the word sign CONTOUR FOAM for footwear because the sign was considered descriptive rather than distinctive for Class 25 footwear goods.
A product name used as an EU trade mark for footwear should contain distinctive elements and should not rely solely on wording that directly describes product features such as contouring or foam materials.