Abstract
Adidas AG v EUIPO, T-307/17, ECLI:EU:T:2019:427, 19 June 2019 The General Court has upheld the invalidity of one of the Adidas three-stripe marks. The General Court (GC) has recently ruled that one of the Adidas AG (Adidas) three-stripe EU trade marks (EUTM) would be invalid, finding that the EUTM in question consisted of an ordinary figurative mark, that the forms of use of such EUTM should not be taken into account and, finally, that Adidas did not provide sufficient evidence to prove acquired distinctiveness of the sign throughout the European Union (EU), as instead required pursuant to Articles 7(3) and 52(2) of Regulation (EC) No 207/2009 (now Articles 7(3) and 59(2) of Regulation (EU) 2017/1001). In 2013, Adidas applied to the EU Intellectual Property Office (EUIPO) to register as an EUTM a sign that identified as a figurative mark consisting of ‘three parallel equidistant stripes of identical width’ applied on products in any direction:
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