Key takeaways
- 3,293 new EUTM applications were filed in week 39. That is up 4.6% on the previous week and up 3.3% on the same week last year, after week 38 had trailed last year by 6.6%.
- Word marks drive the growth. Word filings rose 10.4% year on year, while figurative filings fell 7.3%, the second week running that figurative marks have declined. Word marks now make up 61.7% of filings, against 57.7% a year ago.
- The big four classes are all well ahead of last year. Class 42 (+32.8%), Class 41 (+25.7%), Class 9 (+18.6%) and Class 35 (+18.0%) all grew strongly. Class 21 (−18.1%) and Class 16 (−16.5%) fell again, as they did in week 38.
- The Boards of Appeal issued 47 decisions, 35 of them on the merits. The first-instance decision was confirmed in 24 of the 35 (69%), a much steadier picture than week 38, when 7 of 11 were overturned in whole or in part.
- Three related OMNIA oppositions, pending since 2023, were all reversed. The Board found no likelihood of confusion in each and allowed the applications.
1. Filing volume
| Week 39/2026 | vs week 38/2026 | vs week 39/2025 | |
|---|---|---|---|
| Filing dates | 21–27 Sep | 14–20 Sep | 22–28 Sep |
| New EUTM applications | 3,293 | +4.6% | +3.3% |
Week 39 was the strongest week of the last three, and filings are back above last year's level. One week does not make a trend, but it softens last week's year-on-year decline.
2. Mark types
| Type | W39/2026 | Share | vs W38/2026 | vs W39/2025 |
|---|---|---|---|---|
| Word | 2,031 | 61.7% | +5.2% | +10.4% |
| Figurative | 1,239 | 37.6% | +2.9% | −7.3% |
| 3D shape | 10 | 0.3% | — | — |
| Other | 5 | 0.2% | — | — |
| Position | 4 | 0.1% | — | — |
| Sound | 2 | 0.1% | — | — |
| Motion | 1 | <0.1% | — | — |
| Multimedia | 1 | <0.1% | — | — |
Percentage changes are not shown for the non-traditional mark types, because their counts are too small for a percentage to mean anything.
The divergence between word and figurative marks continues. Word filings grew 10.4% year on year while figurative filings fell 7.3%, so the overall increase comes entirely from word marks. Word marks' share has risen from 57.7% a year ago to 61.7%. Non-traditional marks reached 23 applications, the highest of the last three weeks, with sound and multimedia marks appearing alongside ten 3D shape marks. No colour or pattern marks were filed this week.
3. Nice classes
An application can cover several classes, so class counts add up to more than the number of applications.
| Rank | Class | W39/2026 | vs W38/2026 | vs W39/2025 |
|---|---|---|---|---|
| 1 | 9 — Software, electronics | 1,008 | +4.5% | +18.6% |
| 2 | 35 — Advertising, business, retail | 956 | +6.8% | +18.0% |
| 3 | 42 — Scientific & IT services | 793 | +6.9% | +32.8% |
| 4 | 41 — Education, entertainment | 630 | +9.0% | +25.7% |
| 5 | 25 — Clothing, footwear | 335 | −11.8% | −11.1% |
| 6 | 3 — Cosmetics, cleaning | 290 | +8.6% | +3.6% |
| 7 | 5 — Pharmaceuticals | 279 | −1.8% | +12.0% |
| 8 | 28 — Games, toys, sporting goods | 224 | −1.3% | −1.3% |
| 9 | 11 — Lighting, heating, sanitary | 204 | +18.6% | +4.1% |
| 10 | 36 — Financial services | 201 | +1.5% | +3.1% |
| 11 | 16 — Paper, printed matter | 187 | −3.6% | −16.5% |
| 12 | 20 — Furniture | 187 | +3.3% | +7.5% |
| 13 | 21 — Household utensils | 186 | −8.4% | −18.1% |
| 14 | 12 — Vehicles | 177 | n/a* | n/a* |
| 15 | 30 — Coffee, bakery, confectionery | 175 | −0.6% | −4.4% |
| 16 | 18 — Leather goods, bags | 173 | +5.5% | −2.3% |
| 17 | 37 — Construction, repair | 171 | +5.6% | −4.5% |
| 18 | 43 — Food & drink services, accommodation | 170 | n/a* | +1.8% |
| 19 | 39 — Transport, travel | 168 | n/a* | n/a* |
| 20 | 7 — Machines | 163 | +13.2% | −0.6% |
* Not in the top 20 in that comparison period, so no count is available to calculate a change from.
Year on year: the big four lead the growth. Classes 9, 35, 42 and 41 are all up between 18% and 33% on week 39/2025. Class 42 (+32.8%) and Class 41 (+25.7%) were also the strongest growers in week 38, so their rise looks like a pattern rather than a one-off. Classes 21 and 16 are down for the second week running, and Class 25 (clothing) is down 11.1%. Most other goods classes are within a few percent of last year.
Week on week: Class 11 (+18.6%) and Class 7 (+13.2%) rose sharply, while Class 25 fell 11.8%. Classes 12, 43 and 39 entered the top 20 this week, replacing Classes 38, 45 and 32.
4. Board of Appeal decisions
47 decisions are dated 22–25 September 2026.
| Measure | Count |
|---|---|
| Decisions on the merits | 35 |
| Closed without deciding on the merits | 7 |
| Remitted to the first instance | 5 |
The 47 decisions came from opposition proceedings (33), examination (9) and cancellation proceedings (5). By Board, the Second Board issued 19, the Fifth Board 13, the First Board 9 and the Fourth Board 6. English was the language of 40 cases, Italian of 3, Spanish of 2 and German of 2.
Outcomes on the merits
| Outcome | Count | Share |
|---|---|---|
| Decision confirmed | 24 | 69% |
| Decision annulled | 6 | 17% |
| Decision partially annulled | 5 | 14% |
The Boards disturbed the first-instance decision in 11 of 35 merits decisions. Ten of the 11 were opposition appeals on likelihood of confusion or proof of use; the eleventh was a partial annulment in an invalidity case (QUANTUM / Quantum Cosmetic). All six examination appeals decided on the merits were confirmed, so every absolute-grounds refusal reviewed this week stands. Of the 25 opposition appeals decided on the merits, 15 were confirmed.
| Mark(s) | Case | Articles | Keywords | Outcome |
|---|---|---|---|---|
| ROBERTSON'S | R0321/2026-5 | Art. 58(1)(a) EUTMR | Proof of use, Extent of use, Time of use | Confirmed |
| p parkner (fig.) / PARKSTER et al. | R0207/2026-2 | Art. 8(1)(b) EUTMR | Common element, Descriptive element (Yes) | Confirmed |
| TECHNIPAPER AQUASTOP / AQUASTOP | R1734/2025-2 | Art. 47(2) EUTMR | Proof of use | Annulled |
| LA DOLCE VITA (fig.) / Longines Dolce Vita et al. | R0907/2025-4 | Art. 47(2), 47(3), 8(1)(b) EUTMR | Proof of use (subcategory), Similarity of goods/services (Yes), Aesthetic complementarity, Complementary goods/services (No), Common commercial origin, Similarity of the signs (Yes), Likelihood of confusion (Yes) | Confirmed |
| Quantum Legacy QL (fig.) / Quantum (fig.) et al. | R2065/2025-5 | Art. 95(2), 8(1)(b) EUTMR; Art. 27(4) EUTMDR | Visual similarity, Phonetic similarity, Likelihood of confusion (No) | Confirmed |
| VIZIO-WATER / VIZIO (fig.) | R2161/2025-1 | Art. 8(1)(b) EUTMR | Likelihood of confusion (Yes) | Partially annulled |
| JABUGO (GI) | R2385/2025-1 | Art. 59(1)(a), 74, 7(1)(b), 7(1)(c) EUTMR | Geographical origin, Distinctiveness acquired through use (No) | Confirmed |
| VERDAUMEISTER | R0468/2026-1 | Art. 7(1)(b), 7(1)(c) EUTMR | Descriptive sign (Yes), Distinctive sign (No) | Confirmed |
| TOFWERK (IR W01892841) | R1105/2026-5 | Art. 7(1)(b) EUTMR | Distinctive sign (No) | Confirmed |
| VIZIO-WATER / VIZIO (fig.) | R2148/2025-1 | Art. 8(1)(b) EUTMR | Likelihood of confusion (Yes) | Partially annulled |
| bewell (fig.) / Newell (fig.) et al. | R0116/2026-4 | Art. 8(1)(b) EUTMR | Identity of goods/services (Yes), Visual similarity, Phonetic similarity, Conceptual comparison neutral, Likelihood of confusion (Yes) | Annulled |
| DYNASTHEE (fig.) / DYNASTEA (fig.) et al. | R1884/2025-4 | Art. 8(1)(b) EUTMR | Likelihood of confusion (Yes) | Confirmed |
| GÓRNOŚLĄSKIE (fig.) | R0686/2026-2 | Art. 7(1)(b), 7(1)(c), 7(2) EUTMR | Descriptive sign (Yes) | Confirmed |
| SINE DELTA (fig.) / DELTA et al. (IR W01746714) | R2209/2025-5 | Art. 8(1)(b) EUTMR | Likelihood of confusion (Yes), Identity/Similarity of goods/services, Distinctive element, Common element | Confirmed |
| OMNIA Protocol / OMNIA (fig.) | R1563/2023-2 | Art. 8(1)(b) EUTMR; Art. 7(2) EUTMDR | Likelihood of confusion (No) | Annulled |
| OMNIA / OMNIA (fig.) | R1565/2023-2 | Art. 8(1)(b) EUTMR; Art. 7(2) EUTMDR | Likelihood of confusion (No) | Annulled |
| G&G FOOT WEAR (fig.) / D&G (fig.) | R1447/2025-5 | Art. 8(1)(b) EUTMR | Enhanced distinctiveness (Yes), Likelihood of confusion (No) | Partially annulled |
| playitas | R0774/2026-2 | Art. 7(1)(c), 7(1)(b) EUTMR | Descriptive sign (Yes), Distinctive sign (No) | Confirmed |
| UNITED HOSPITALITY MANAGEMENT / UNIDE RETAIL et al. | R2477/2025-5 | Art. 8(1)(b) EUTMR | Similarity of goods/services (Yes/No), Similarity of the signs (Yes), Suspension of the proceedings (No) | Partially annulled |
| Dreaku / Dreaku et al. | R0165/2026-4 | Art. 8(4), 95 EUTMR; Art. 55, 7(2)(d), 7(3), 8(1) EUTMDR | Non-registered trade mark, Sign of mere local significance, Proof of national law | Confirmed |
| QUANTUM (fig.) / Quantum Cosmetic et al. | R1178/2024-1 | Art. 8(1)(a), 8(1)(b) EUTMR | Similarity of goods/services (Yes), Likelihood of confusion | Partially annulled |
| Hellin (fig.) / Χαλλουμι Halloumi Hellim (GI) | R0823/2025-1 | Art. 8(6) EUTMR | Protected designation of origin (PDO) | Confirmed |
| Sveafastigheter (fig.) / SVEA et al. | R2514/2025-2 | Art. 8(1)(b) EUTMR | Dissimilarity of the goods and services | Confirmed |
| OMNIA (fig.) / omnia (fig.) | R1564/2023-2 | Art. 8(1)(b) EUTMR; Art. 7(2) EUTMDR | Likelihood of confusion (No) | Annulled |
| Goombay DANCE BAND (fig.) / Goombay Dance Band | R2016/2025-1 | Art. 95(2), 8(4) EUTMR; Art. 27(4) EUTMDR | Belated evidence, Sign of mere local significance (Yes), Ownership of IP right | Confirmed |
| DELCOR / DelTop 050 CS | R0418/2026-2 | Art. 8(1)(b) EUTMR | Visual dissimilarity, Phonetic dissimilarity | Confirmed |
| TERROIR DES PRINCES / TERROIR AL LIMIT | R0023/2026-2 | Art. 8(1)(b) EUTMR | Likelihood of confusion (Yes), Identity of goods/services (Yes), Similarity of the signs (Yes) | Confirmed |
| FRUTINO (fig.) / FRUTI | R0478/2026-2 | Art. 8(1)(b) EUTMR | Likelihood of confusion (No), Similarity of the signs, Identity of goods/services | Annulled |
| Dabur Real (fig.) / Rea depuis 1956 (fig.) | R0270/2026-2 | Art. 8(1)(b) EUTMR | Visual similarity, Phonetic similarity, Conceptual dissimilarity, Identity of goods/services (Yes) | Confirmed |
| PREMIATA FATTORIA DI CASTELVECCHI IN CHIANTI (fig.) | R2123/2025-2 | Art. 8(3), 21, 60(1)(b), 8(4), 63(1)(b), 46(1)(b) EUTMR | Substantiation of earlier right, Non-registered trade mark, Geographical origin | Confirmed |
| Position mark: stylised heart on the side of a shoe upper | R1053/2026-1 | Art. 7(1)(b), 7(2) EUTMR | Distinctive sign (No) | Confirmed |
| SCALES (fig.) / Scalpers (IR W01793272) | R2505/2025-1 | Art. 8(1)(b) EUTMR | Likelihood of confusion (Yes), Similarity of goods/services (Yes) | Confirmed |
| DiVino - WINE & SPIRITS (fig.) / EL ADIVINO et al. | R0045/2026-2 | Art. 8(1)(b) EUTMR | Identity of goods/services, Similarity of the signs | Confirmed |
| THERE IS A PERFECT PLAN | R1175/2026-5 | Art. 7(1)(b), 7(2) EUTMR | Distinctive sign (No), Slogan mark | Confirmed |
| tea Odyssey PREMIUM HERBAL TEAS (fig.) / ODYSEA (fig.) | R0339/2026-5 | Art. 95(2), 8(1)(b) EUTMR; Art. 27(4) EUTMDR | Belated evidence accepted, Likelihood of confusion (Yes), Distinctive element, Similarity of the signs (Yes), Identity/Similarity of goods/services (Yes), Coexistence of trade marks (No) | Confirmed |
Cases to watch
OMNIA Protocol, OMNIA and OMNIA (fig.) / OMNIA (fig.) — R1563/2023-2, R1564/2023-2, R1565/2023-2. Three related opposition appeals, all filed in 2023, were decided together by the Second Board. In each, the Board annulled the Opposition Division's decision, found no likelihood of confusion and allowed the application. Together they account for half of the week's full annulments.
SERRA DA ESTRELA (IR W01865679) — R0432/2026-2, remitted. This examination appeal on a geographical name was sent back to the examiner to assess acquired distinctiveness under Art. 7(3) EUTMR. The keywords also flag a substantial procedural violation, which suggests the examiner's handling of the acquired-distinctiveness claim was found deficient.
LA DOLCE VITA (fig.) / Longines Dolce Vita — R0907/2025-4. The Board confirmed a partial refusal after a proof-of-use assessment limited to a subcategory of goods. The keywords show it rejected an argument based on aesthetic complementarity but still found the goods similar.
G&G FOOT WEAR (fig.) / D&G (fig.) — R1447/2025-5. The Board accepted that the earlier D&G mark has enhanced distinctiveness but still found no likelihood of confusion, partially annulling the opposition decision and allowing the application.
Theme of the week: geographical names
Five decisions turned on geographical names or indications, and the outcomes point in different directions:
- JABUGO (GI) (R2385/2025-1): the Board confirmed the invalidity of the EUTM as descriptive of geographical origin, with no acquired distinctiveness shown.
- GÓRNOŚLĄSKIE (fig.) (R0686/2026-2): the refusal of this "Upper Silesian" mark as descriptive was confirmed.
- SERRA DA ESTRELA (R0432/2026-2): remitted to assess acquired distinctiveness, as above.
- Hellin (fig.) / Halloumi PDO (R0823/2025-1): the opposition under Art. 8(6) EUTMR failed and the application was allowed. Last week, by contrast, the TEQUILA GI prevailed against AMARTE TEQUILA.
- PREMIATA FATTORIA DI CASTELVECCHI IN CHIANTI (fig.) (R2123/2025-2): the invalidity action failed and the mark remains valid.
Decisions not on the merits
Seven appeals were closed without a decision on the merits. Four ended after withdrawal: Van Zeller Family Estates & Wines / VAN ZELLERS (R1123/2026-4), Prixo / Prix Qualità Italiana (R1552/2024-5), LOLEX / ROLEX (R1024/2026-5), which was also tagged inadmissible, and ACTISIL / AKTISIL (R1089/2026-2), with costs decided on grounds of equity. Two examination appeals on 711 (fig.) failed on admissibility (R1292/2026-5, R1289/2026-5). STAR / Starcar (R1093/2026-2) was closed under Art. 103 EUTMR, which covers the correction of obvious mistakes.
Five cases were remitted to the first instance. Besides SERRA DA ESTRELA, these were Tropik FRUITS / Tropy (R0813/2026-4), remitted for examination to be reopened on absolute grounds; MIND ENERGY / MND (R1100/2026-2); ICON (R2287/2025-5), a revocation case remitted for lack of reasoning after supplementary evidence of use was admitted; and Alterprotec / ALTER (R0875/2026-2), on proof of use.
Data notes
- Filing figures come from eSearch Plus facet counts for the filing-date range, sorted by trade mark number. The week 39/2026 count was taken nine days after the week closed and may still move slightly.
- The week 39/2025 comparison uses the 22–28 September 2025 range (ISO week 39 of 2025).
- Nice class counts are shown only for the top 20 classes in each eSearch facet. Where a class is in the top 20 this week but not in a comparison period, no percentage change can be calculated.
- Board of Appeal categorisation relies on the norms and keywords in the eSearch Case Law export. The decisions themselves have not been reviewed.
- VIZIO-WATER / VIZIO (fig.) appears twice (R2148/2025-1 and R2161/2025-1). Both appeals concern the same application and opposition, most likely cross-appeals by the two parties, and are counted separately.
- SERRA DA ESTRELA has no related case listed in the export. It is counted as an examination appeal, based on its absolute-grounds norms.