INDUSTRIES, FASHION | The General Court on fashion trademarks with reputation

On 10 September 2025, the General Court (GC) of the EU issued its judgment in case T-425/24, (Ffauf Italia S.p.A. v EUIPO) annulling the decision of the EUIPO Board of Appeal of 3 June 2024 (Case R 1576/2023-5) and thus rejecting the EU trademark opposition filed by Industria de Diseño Textil (Inditex). Namely, the applicant Ffauf Italia had filed for registration of a figurative trademmark “pastaZARA Sublime” for goods in class 24, opposed by Inditex based on the earlier well-known EU word trademark “ZARA” registered for good in class 25. The GC held that the enhanced protection for trademarks with established reputations requires proof that the public has made a connection between the opposing signs. In this case, the GC held that, despite ZARA’s reputation, there were substantial differences in the distribution channels at issue (fashion and food sectors) and it was not demonstrated that consumers associate the fashion trademark “ZARA” with food products, such as pasta. The GC additionally recognized the existence of “due cause” in the use of the sign “pastaZARA Sublime”, accrediting its historical presence and previous registration in numerous European countries, including those prior to the registration of the sign “ZARA” by Inditex.

Newsletter n. 111 – October 2025