Action brought on 24 November 2025 – Athleta v EUIPO – Sports Group Denmark (ATHLETA)

(Case T-800/25)

(C/2026/350)

Language in which the application was lodged: English

Parties

Applicant: Athleta (ITM), Inc. (San Francisco, California, United States) (represented by: B. Guimberteau, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Sports Group Denmark A/S (Silkeborg, Denmark)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant before the General Court

Trade mark at issue: European Union word mark ATHLETA – European Union trade mark No 7 234 503

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 22 September 2025 in Case R 29/2025-4

Form of order sought

The applicant claims that the Court should:

—	partially annul the contested decision, in that the Board of Appeal revoked the trade mark at issue for all goods and services in Classes 18 and 35 and for part of the goods, namely footwear, headgear and clothing accessories, in Class 25;

—	order the defendant and the other party to the proceedings before the Board of Appeal to bear their own costs and to pay those of the applicant at every stage of the cancellation and appeal process, including the costs of these proceedings.

Plea in law

—	Infringement of Articles 18 and 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council and of Article 10(3) of Commission Delegated Regulation (EU) 2018/625.