Information;Order — ECLI:EU:T:2025:389
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;Action for annulment

Order of the General Court (Second Chamber) of 7 April 2025 – Skechers USA v EUIPO (STEP IN AND GO) (Case T‑81/24) ( EU trade mark – Application for EU word mark STEP IN AND GO – Absolute ground for refusal – No distinctive character – Article 7(1)(b) 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 devoid of any distinctive character – Concept of distinctiveness (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraph 15) 2. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Assessment of distinctive character – Criteria (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraphs 21, 29) 3. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Marks consisting of advertising slogans – Distinctive character – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraphs 34-36) 4. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Word mark STEP IN AND GO (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraphs 38-41, 44, 46) 5. 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 42, 43, 51, 52) 6. 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) 7. EU trade mark – EUIPO decisions – Legality – Examination by the EU judicature – Criteria – EUIPO examination guidelines – Effect (European Parliament and Council Regulation 2017/1001) (see paragraphs 53, 54) Operative part 1. The action is dismissed. 2. The parties shall each bear their own costs.