Information;Order — ECLI:EU:T:2025:392
Date: 2025-04-07
Language of the case: English
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Order of the General Court (Second Chamber) of 7 April 2025 – Skechers USA v EUIPO (HOODLESS HOODIES) (Case T‑206/24) ( EU trade mark – International registration designating the European Union – Word mark HOODLESS HOODIES – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Equal treatment – Principle of good administration – Articles 20 and 41 of the Charter of Fundamental Rights – Action manifestly lacking any foundation in law ) 1. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks consisting exclusively of signs or indications which may serve to designate the characteristics of a product or service – Concept (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraphs 15, 16) 2. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks consisting exclusively of signs or indications which may serve to designate the characteristics of a product or service – Assessment of the descriptive character of a sign – Criteria (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraphs 17, 28, 29) 3. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Refusal to register on an absolute ground of refusal existing in only part of the European Union (European Parliament and Council Regulation 2017/1001, Art. 7(2)) (see paragraph 23) 4. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks consisting exclusively of signs or indications which may serve to designate the characteristics of a product or service –Word mark HOODLESS HOODIES (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraphs 32, 37-42, 46) 5. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks consisting exclusively of signs or indications which may serve to designate the characteristics of a product or service – Sign capable of having several meanings – Refusal of registration given the descriptive character of at least one of the potential meanings (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraph 43) 6. EU trade mark – EUIPO Decisions – Principle of equal treatment – Principle of good administration – EUIPO’s previous decision-making practice – Principle of legality – Need for a stringent and full examination in each individual case (European Parliament and Council Regulation 2017/1001) (see paragraphs 44, 52) 7. EU trade mark – Definition and acquisition of the EU trade mark – Assessment of the registrability of a sign – EU rules only taken into account – Earlier registration of the mark in certain Member States or third countries – Decisions not binding EU bodies (European Parliament and Council Regulation 2017/1001) (see paragraph 45) Operative part 1. The action is dismissed. 2. The parties shall each bear their own costs.