Business & Commerce

#62025TO0734EU Court Upholds Refusal of Skechers’ CONTOUR FOAM Trade Mark

🇪🇺European Union··Other·Low Impact·View source ↗

AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.

🇬🇧 English

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

medium

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.

EU trade mark applicantsbrand owners filing EU trade mark applications
prohibition
medium

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.

EU trade mark applicants for footwear marks
licensing
low

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.

footwear brandsconsumer-goods brands filing EU trade marks
operational

Affected Parties

Footwear brandsConsumer goods companies+2 more…

Tags

EU trade mark,descriptive marks,footwear…