ULTRADRY: Descriptive and devoid of distinctive character
The General Court upholds the refusal of the word mark ULTRADRY for golf bags.
What was the case about?
Cobra Golf Inc. filed an application on 30 October 2024 with the European Union Intellectual Property Office (EUIPO) for the word mark ULTRADRY for Class 28 goods, namely golf bags. The examiner refused the application on 20 March 2025 under Article 7(1)(b) and (c) of the EU trade mark regulation (Regulation (EU) 2017/1001). The Board of Appeal upheld that refusal on 22 September 2025: the mark describes a characteristic of golf bags, namely their capacity to keep golf equipment and, more generally, the contents of the bag dry; it is therefore descriptive. It is also devoid of distinctive character.
Cobra Golf brought an action for annulment before the General Court. The Court dismissed the action in its entirety on 16 September 2026. It confirmed that there is a sufficiently direct and concrete link between the sign ULTRADRY and the golf bags concerned, so that the relevant English-speaking public immediately perceives a description of a characteristic of the goods. The combination of the terms 'ultra' and 'dry' means 'extremely dry'. The Court did not need to rule on the second plea concerning the lack of distinctive character, since one absolute ground for refusal is sufficient. Cobra Golf bears the costs.
Action dismissed: ULTRADRY remains unregistrable as a trade mark
The General Court dismissed Cobra Golf's action in its entirety. It confirmed that the word mark ULTRADRY for golf bags is descriptive and devoid of distinctive character. Cobra Golf bears the costs of the proceedings.
What you can learn from this
When choosing a name for your products, avoid descriptive indications. Words such as 'ultra', 'dry', 'pro' or 'max', which directly designate a characteristic of the goods, are as a rule not protectable as a trade mark. Choose instead a distinctive sign that does not directly describe your products, or combine descriptive elements with an autonomous, imaginative component. Before filing, check whether your sign immediately makes recognisable a characteristic of the product or service.
For monitoring and defending your trade mark: once granted, protection is not a free pass. If your mark is challenged by third parties as descriptive, you cannot rely on an earlier registration or on the practice of other offices. The EU trade mark system is autonomous; decisions of national or third-country authorities do not bind EUIPO or the courts. Rely therefore on a clear, distinctive mark and document its use in order to withstand a dispute.
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Monitored automatically · Status: 23.10.2026
- 16.09.2026 General Court confirms: word mark ULTRADRY for golf bags is descriptive and unregistrable. Source
- 03.12.2025 On 3 December 2025, an action was brought before the General Court of the European Union by Cobra Golf against EUIPO (ULTRADRY), registered as Case T-827/25. 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, Case T-827/25 (Cobra Golf Inc. v EUIPO).
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This article was generated automatically from published decisions, is for information purposes and does not constitute legal advice.