EUROPEAN UNION: General Court Clarifies Use Standards for Figurative Marks

The General Court (GC) has partially upheld K-Way’s appeal against a decision of the Board of Appeal (BoA) of the European Union Intellectual Property Office (EUIPO), which had declared its EU Trade Mark partially revoked for non-use. Its judgment in K-Way SpA v. EUIPO (Case T‑372/24) came out on June 25, 2025.

K-Way is the proprietor of the following figurative mark, registered in 2006 for a variety of goods in Classes 18 and 25, including luggage, handbags, wallets, backpacks, clothing, shoes, and headgear:

The mark, consisting of five vertical bands in the sequence navy blue, orange, yellow, orange, and navy blue, was typically applied to zippers, seams, cuffs, and trims. In 2019, a third party filed a revocation action under Article 58(1)(a) of Regulation (EU) 2017/1001, alleging that the mark had not been put to genuine use for the relevant goods.

K-Way submitted a broad set of evidence, including catalogs, invoices, press clippings, internal documents, and photos of single-brand stores. The EUIPO’s Cancellation Division found use only for outerwear and footwear in Class 25. On appeal, the BoA reinstated protection for additional items, specifically: suitcases, backpacks, and wallets in Class 18, as well as other clothing and headgear in Class 25. However, it confirmed revocation for various leather accessories: handbags, shopping bags, vanity cases, and others.

Challenging that outcome, K-Way argued that the presence of the mark in retail settings and on product hangtags was sufficient. The GC disagreed, claiming that use on store signs could corroborate the evidence proving genuine use of the designated goods but could not replace direct evidence of use on the products themselves. Similarly, the use of hangtags on garments did not prove that they were also applied to leather goods.

One important exception emerged: the GC accepted that the mark had been genuinely used on a specific model of shopping bag. The evidence included catalogs showing the product and corresponding invoices identifying it by name and code. Accordingly, the GC amended the decision to restore protection for shopping bags in Class 18.

This decision confirms the demanding evidentiary threshold for maintaining trademark rights in the EU. Use must be specific, product-linked, and objectively verifiable.

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest. Law & Practice updates are published without comment from INTA except where it has taken an official position.

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