Trademark Eligibility: Puma Overcomes Nike In 'Footware' Case

Two world-famous sportswear brands recently came head-to-head in a battle over the trademark 'footware', with Puma objecting to Nike's trademark on the basis that it is not eligible for protection, as Lisanne de Vries explains.

US athletic footwear and apparel corporation Nike, Inc registered a European trademark (EUTM) for 'footware' in 2019. Its idea was to connect the concept of footwear with 'software' or 'hardware' in a range of products containing technology – or 'smart' shoes.

The mark was filed under class 9 (computer hardware and software), 38 (telecommunications services) and 42 (application service provider with API software – API software enables integration of the object with other devices).