ATHLETA: EU Court upholds revocation
The General Court of the European Union dismissed the actions brought by Athleta (ITM), Inc. against two decisions of the EUIPO Board of Appeal. The ATHLETA word mark remains revoked for most of the goods and services, as the proprietor failed to prove genuine use.
What was the case about?
The US company Athleta (ITM), Inc. owned two EU word marks ATHLETA, registered in 2009 and 2017 for goods and services in Classes 18, 25 and 35 (bags, clothing, retail and advertising services). The Danish company Sports Group Denmark A/S filed two revocation applications in 2023 for lack of genuine use under Article 58(1)(a) of the EU Trade Mark Regulation. EUIPO's Cancellation Division largely upheld the applications: the first mark was revoked for all goods and services except 'sport clothing' in Class 25; the second mark was revoked entirely. Athleta appealed.
The Board of Appeal confirmed the revocations in 2025, while broadening the protection of the first mark from 'sport clothing' to the wider category of 'clothing' in Class 25, but maintained revocation for the remaining goods and services. Athleta brought an action for partial annulment before the General Court of the European Union. By judgment of 30 September 2026, the General Court dismissed the actions in their entirety. It confirmed that the evidence submitted did not prove genuine use for Classes 18 and 35, nor for 'footwear, headgear and clothing accessories' in Class 25. In particular, the retail and advertising services were not established, as the documents produced related only to the sale of its own goods.
Actions dismissed – mark remains revoked
The General Court dismissed all actions brought by Athleta (ITM), Inc. The ATHLETA word mark remains revoked for goods in Classes 18 and 35 and for 'footwear, headgear and clothing accessories' in Class 25. Only the broader category of 'clothing' in Class 25 remains protected for the first mark. Athleta bears the costs of the proceedings.
What you can learn from this
For Swiss SMEs, this case shows the importance of carefully documenting use of a trade mark in the course of trade. A registered mark must be genuinely used for the goods and services designated within five years of registration, or it risks revocation. Evidence should be dated, categorised and attributable to each good or service. For services such as retail or advertising, merely selling one's own products is not enough to maintain the mark for those services.
SMEs should regularly review their trade mark portfolios and abandon unused marks or classes. When defending against a revocation application, it is essential to provide solid and objective evidence for each individual good and service. Partial use exposes the mark to partial revocation. Early legal advice and a clear trade mark strategy help to minimise these risks.
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This ticker follows the case automatically: new decisions appear here as soon as they are published in official sources.
Monitored automatically · Status: 23.10.2026
- 30.09.2026 EU General Court dismisses Athleta (ITM), Inc.'s actions: ATHLETA word mark remains revoked for most goods and services. Source
- 24.11.2025 On 24 November 2025, an action (T-800/25, Athleta v EUIPO – Sports Group Denmark, ATHLETA) was brought before the General Court of the European Union. Source
Entries are generated automatically from official sources. Decisions may be appealed and are not necessarily final.
Sources
General Court of the European Union (Ninth Chamber), judgment of 30 September 2026, joined Cases T-800/25 and T-801/25.
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This article was generated automatically from published decisions, is for information purposes and does not constitute legal advice.