Nike Faces Setback in EU Court Over ‘Support-Fit’ Trademark

Nike has encountered a significant setback in registering the ‘Support-Fit’ trademark in the European Union. The EU’s General Court upheld a previous ruling that deemed the trademark descriptive and lacking distinctiveness, limiting its protection to headgear only. This decision marks a notable defeat for the sportswear giant, which had aimed to extend the trademark's coverage to clothing, footwear, and accessories.

FM Insights

• The EU General Court ruled against Nike’s attempt to register the ‘Support-Fit’ trademark.
• The court found the trademark descriptive and lacking distinctiveness for clothing and footwear.
• Nike argued that the term was unique and required interpretative effort, but the court disagreed.
• The trademark can still be registered for hats and headwear.

Background of the Case

Nike has been pursuing registration for the ‘Support-Fit’ trademark since July 2022. The company argued that the term was invented and should be eligible for trademark protection. However, the European Union Intellectual Property Office (EUIPO) had previously rejected the application, stating that the term was too descriptive of the products it aimed to represent.

In November 2023, Nike appealed the EUIPO’s decision to the General Court, contending that the trademark was distinctive and not found in any dictionary. The company pointed to other successful registrations of similar trademarks, such as ‘Therma-Fit’ and ‘Dri-Fit’, to bolster its case.

Court's Rationale

The General Court, however, upheld the EUIPO’s decision, emphasizing that the term ‘Support-Fit’ is a straightforward combination of two English words. The court noted that consumers would easily interpret the term as clothing that provides support and a good fit. This interpretation aligns with the practical purpose of the products in question, which include footwear and sportswear.

The court clarified that the previous registrations of similar trademarks did not provide sufficient grounds for Nike’s claim, as those marks featured unique brand names or suggestive elements that distinguished them from ‘Support-Fit’.

Implications for Nike

This ruling represents a significant challenge for Nike as it seeks to protect its brand identity in the competitive sportswear market. The inability to secure the ‘Support-Fit’ trademark for its clothing and footwear lines may hinder its marketing strategies and brand differentiation efforts.

Despite the setback, the court allowed the possibility of registering the trademark for hats and other headwear, giving Nike a partial victory. This outcome suggests that while the company may face challenges in expanding its trademark portfolio, there remains potential for limited protection in specific categories.