#62025TO0733EU Court Rejects Skechers’ “TOTALLY HANDS FREE” Trade Mark Application
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
The order confirms that “TOTALLY HANDS FREE” cannot be registered as an EU trade mark for footwear because consumers would understand it as describing shoes that can be put on without using hands. This affects footwear brands and trade mark teams using product-function language in branding. Descriptive phrases may work in marketing, but they are harder to protect as EU trade marks unless they clearly identify the brand rather than the product feature.
AI-generated summary. May contain errors. Refer to official sources for legal decisions.
Key Changes
- Confirms EUIPO’s refusal to register “TOTALLY HANDS FREE” for footwear
- Treats the phrase as descriptive of shoes that can be put on without using hands
- Reinforces that earlier similar registrations or UK registration do not bind EU trade mark decisions
Obligations
What this law requires
EUIPO must refuse registration of an EU trade mark that consists exclusively of signs or indications that may designate characteristics of the goods, including their kind, intended purpose, method of use, or other characteristics, under Article 7(1)(c) of Regulation (EU) 2017/1001.
A trade mark applicant cannot obtain EU trade mark registration for the word sign “TOTALLY HANDS FREE” for footwear where the relevant English-speaking EU public would immediately understand it as describing shoes that can be put on without using hands.
For EU trade mark registrability, an absolute ground for refusal is sufficient if it applies in only part of the European Union, including a single Member State such as Ireland or Malta for English-language marks.
EU trade mark applicants cannot rely on prior EUIPO registrations of similar signs, or national or third-country registrations such as a United Kingdom registration, to require EUIPO or the EU courts to register a descriptive EU trade mark.
The General Court dismissed Skechers USA, Inc. II’s action against EUIPO because the challenge to the refusal of the “TOTALLY HANDS FREE” EU trade mark application was manifestly lacking any foundation in law.