EU Court Upholds Refusal of "JET LAG" Trademark for Cosmetics

A recent decision by the General Court of the European Union on July 23 has confirmed the rejection of trademark protection for the term “JET LAG” within the Class 3 cosmetics category. This ruling aligns with the European Union Intellectual Property Office (EUIPO) Board of Appeal's prior assessment, which deemed the term to be descriptive in nature.

Summer Fridays, LLC sought to register “JET LAG” as a word mark in 2023 for a diverse range of skincare and cosmetic items. However, both the EUIPO examiner and the Board of Appeal concluded that the term was descriptive. Their reasoning was that consumers could reasonably perceive “JET LAG” as suggesting products designed to revitalize or refresh skin affected by the fatigue associated with travel. The company challenged this decision, arguing that cosmetics cannot fundamentally cure jet lag and pointing to their existing registration for “JET LAG MASK.” Nevertheless, the Court dismissed the appeal, emphasizing the principle that descriptive terms must remain universally accessible and that previous registration decisions do not establish binding precedents for future cases.

This judgment serves as a clear indication of the EU's firm stance on descriptive trademarks. It sends a message to beauty brands that claims or consumer associations derived from widespread human experiences, such as “jet lag,” cannot be exclusively claimed as intellectual property for cosmetic products. This ensures a level playing field for innovation and fair competition within the industry, preventing any single entity from monopolizing language that broadly describes a product's intended effect or association.