FITNESS is descriptive
The EU Court dismissed Nestlé's action against the invalidation of the FITNESS word mark. The mark remains invalid for foodstuffs because it is descriptive.
What was the case about?
Société des produits Nestlé SA owned the EU word mark FITNESS, registered in 2005 for goods in Classes 29, 30 and 32 (dairy products, cereals, beverages). European Food SA applied in 2011 to invalidate the mark, arguing that the word 'fitness' was descriptive and devoid of distinctive character for those goods. After lengthy proceedings with several appeals and judgments, the Fifth Board of Appeal of EUIPO confirmed the invalidation on 26 May 2025. Nestlé challenged that decision before the General Court of the European Union.
The General Court dismissed the action on 16 September 2026. It confirmed that the FITNESS mark is descriptive for the foodstuffs concerned, as it describes their quality of contributing to good physical condition and health. The Board of Appeal could rely on general reasoning because the goods form a homogeneous group. The Court also rejected Nestlé's complaint that the Board had relied on well-known facts. The mark therefore remains invalid.
Mark remains invalid
The EU Court dismissed Nestlé's action. The FITNESS word mark remains invalid for foodstuffs because it is descriptive. Each party bears its own costs.
What you can learn from this
For Swiss SMEs, this case shows that when choosing a brand name, you should avoid descriptive terms such as 'fitness', 'healthy' or 'organic' for food and beverages. Such indications may be considered free signs and are not protectable. Opt for distinctive, imaginative names, or combine descriptive elements with a distinctive sign.
Also monitor your mark consistently. If a descriptive mark is wrongly registered, third parties can request its invalidation at any time. In defence, it is important to prove registration through extensive use and acquired distinctiveness – but that is expensive and uncertain. Therefore, clarify protectability before filing and consult a specialist if in doubt.
Case ticker
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
- 16.09.2026 EU Court confirms: FITNESS word mark remains invalid for foodstuffs because it is descriptive. Source
- 28.07.2025 On 28 July 2025, Société des produits Nestlé SA brought an action before the General Court of the European Union against EUIPO (FITNESS trade mark), Case T-509/25. Source
Entries are generated automatically from official sources. Decisions may be appealed and are not necessarily final.
Sources
General Court of the European Union, judgment of 16 September 2026, T-509/25.
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This article was generated automatically from published decisions, is for information purposes and does not constitute legal advice.