EU Court Finds 'MID season' Mark Descriptive for Fashion

The EU General Court ruled on October 7, 2026, that the mark lacked distinctive character because 'mid season' is a recognized term in the fashion industry for transitional clothing suitable for spring and autumn weather.

In Milestone Sportswear Handels GmbH v EUIPO (Case T-9/26), the Seventh Chamber held that the Second Board of Appeal erred in its assessment of the mark's meaning. The Board had concluded that the public would understand the phrase only as the middle of one of the four seasons, but evidence from dictionaries and fashion sources showed it commonly refers to changeable conditions between cold and warm weather.

The court found that this error vitiated the analysis of descriptiveness under Article 7(1)(c) of Regulation (EU) 2017/1001 and the related distinctiveness assessment under Article 7(1)(b). The tagline element reinforced the descriptive character rather than adding distinctiveness.

The judgment annuls the Board decision but does not itself cancel the registration. EUIPO must now reconsider the invalidity application filed by Milestone Sportswear against the mark owned by John Peter Srl.

The ruling underscores the strict approach to descriptive signs in the fashion sector, where industry-specific terminology is readily understood by relevant consumers.

Sources: https://fashionlawjournal.com/general-court-mid-season-trademark-milestone-sportswear-euipo/ https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62026TJ0009