ZARA v PastaZARA case: when reputation isn’t enough!
[30/10/2025]
A ruling by the General Court of the EU has reiterated the conditions for assessing the similarity and the link between signs in relation to trademarks with a reputation.
Background: in 2008, Ffauf Italia registered a trademark for pasta containing the word element “ZARA” in a complex logo (see image below). Inditex, the owner of the famous clothing trademark Zara, opposed
such application, invoking the protection of well-known trademarks (Art. 8 §5 of the EU Regulation).
Case developments:
- In 2024: the opposition was initially upheld at first instance by the EUIPO, which ruled that “PastaZARA” took unfair advantage of the repute of ZARA.
- On 10 September 2025, however, the General Court of the EU overturned this decision, ruling that:
- “ZARA” is not the dominant element in the complex sign “PastaZARA” and that
- use in good faith prior to the well-known trademark invoked may constitute a “due cause” for filing a trademark application that would prevent the enforceability of reputation.
This ruling reminds that:
- although highly renowned trademarks such as Zara enjoy extended protection, the similarity and link between the conflicting signs must be demonstrated, and
- “due cause” can save, under certain conditions, a trademark application.
Our teams would be happy to assist you with your opposition proceedings and develop a tailor-made strategy to best protect your intellectual property interests.