Refusal to register the JETLAG trademark for cosmetic products

September 2025
By Alexandre Nogueira Pereira
And Pierre Favilli

Initially, the EUIPO refused to register the JETLAG trademark application on the grounds that the term “jet lag” was descriptive of one of the characteristics of the designated goods. According to the European Office, the expression would be perceived by part of the relevant public as indicating that these products were designed to alleviate the visible physical effects of jet lag.

The General Court of the European Union, to which the dispute was referred, upheld the position of the EUIPO Board of Appeal, despite the diversity of the cosmetic products designated, which have multiple functions. For example, it specifies that while sunscreens protect consumers from ultraviolet radiation, they also moisturize and revitalize skin affected by jet lag syndrome.

Thus, the products in question form a group of products that are sufficiently homogeneous in terms of their common purpose, allowing for an overall assessment.

He adds that the relevant public will establish a direct and concrete link between the trademark and the goods in question, given the obvious understanding of the term “jet lag,” particularly among the English-speaking public in the European Union. The term “jet lag” is easily understood by the general public, and when associated with cosmetic products, its relevance will be immediately apparent.

As a result, the mark applied for will be perceived by the relevant public as a description of a characteristic of the goods, namely their intended purpose. The General Court of the European Union therefore dismissed the appeal and upheld the refusal to register the JETLAG trademark.

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Judgment of the Court (First Chamber) of July 23, 2025.
Summer Fridays LLC v. European Union Intellectual Property Office.