On 29 April 2025, the EUIPO issued its decision in Levi Strauss & Co v. Gear Up International Ltd, partially upholding Levi Strauss’s opposition to a figurative trade mark application filed by Gear Up. The contested sign, consisting of two curved lines converging at a pointed centre, was found to create a mental association with Levi’s Arcuate stitching device in relation to jeans and certain fashion-related goods. The opposition succeeded under Article 8(5) EUTMR for all clothing and selected accessories but was rejected for unrelated Class 9 items. The claim under Article 8(1)(b) was dismissed entirely.
Earlier rights and basis of opposition
Levi’s relied on four earlier figurative marks representing variations of its Arcuate stitching, registered as EUTMs and as a German national trade mark.
These marks have been used consistently on the back pockets of Levi’s jeans. The opposition was based on both Article 8(5) and Article 8(1)(b) EUTMR. The contested sign, also figurative, was applied for across goods in Classes 9 and 25. It consisted of two thick black lines curving upwards and meeting at a central point.
Evidence of reputation
The Opposition Division found that the earlier marks had acquired reputation in Spain, France, Italy and Germany for jeans. Levi Strauss submitted evidence including advertising materials dating back to 1873, visual use of the marks in catalogues and packaging, product placement in films and series, coverage in fashion and national media, social media campaigns, survey evidence, and national court decisions confirming the recognition of the Arcuate design. No reputation was found for broader categories of clothing or for goods outside Class 25.
Comparison of the signs
The earlier and contested signs were purely figurative. Visually, both comprised curved lines converging at a pointed centre, although differences were noted in shape, structure and internal detail. The EUIPO assessed these differences as sufficient to render the overall level of visual similarity low.
Since neither sign contained word elements, no phonetic or conceptual comparison could be made. Despite the low degree of similarity, the Opposition Division found that the earlier marks were distinctive and widely recognised in connection with Levi’s jeans. This was considered enough for the contested sign to trigger a mental association in the minds of consumers, particularly in the context of fashion related goods.
Unfair advantage under Article 8(5) EUTMR
The EUIPO concluded that use of the contested sign on clothing and certain fashion related accessories would enable the applicant to benefit from the repute of the earlier marks. This finding applied to all goods in Class 25 and to specific Class 9 items such as smartphone covers, tablet sleeves, laptop bags and eyeglass chains. These were considered to share visual and stylistic features with fashion goods and to be commonly marketed together. Use of the contested sign on such goods was likely to trigger a mental association and result in an unfair commercial advantage without due cause.
Remaining goods and Article 8(1)(b) EUTMR
The opposition was rejected for the remaining Class 9 goods, including batteries, headphones, measuring instruments and cameras. These were found to fall outside the fashion sector and to lack the necessary connection to support a link or risk of injury under Article 8(5). The claim under Article 8(1)(b) EUTMR was dismissed entirely, as the contested goods were considered dissimilar to clothing, footwear and headgear and therefore incapable of giving rise to a likelihood of confusion.
Conclusion
The decision confirms the recognised reputation of Levi Strauss’s Arcuate stitching for jeans in several key EU Member States. It highlights the importance of visual identity in trade mark enforcement and the potential reach of protection where product categories overlap in commercial presentation and consumer perception. However, it also illustrates the limits of reputation based claims, particularly where no clear associative link or market proximity can be established.
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