Important judgement: pastaZARA Sublime vs. ZARA by Inditex

The General Court of the EU has rejected an opposition filed by Inditex against the trademark pastaZARA Sublime, confirming that there is no relevant link between the fashion and food sectors. Inditex argued that ZARA’s reputation should extend to pasta products; the Court, however, emphasized that there was a lack of evidence towards a real trend of diversification, as well as substantial differences in distribution channels and consumer perception.

From a technical point of view, the Court reaffirmed that the enhanced protection for marks with established reputations (Article 8(5) EUTMR) requires proof that the public has made a connection between the opposing signs. In this case, it was not demonstrated that consumers associate the fashion mark ZARA with food products, such as pasta, either in 2008 or today. The Court’s analysis in paragraph 87 of the judgement is particularly relevant, which stresses the importance of marketing channels and sectoral specialization.

The Court additionally recognized the existence of “due cause” in the use of pastaZARA, accrediting its historical presence and previous registration in numerous European countries, including those prior to the registration of ZARA by Inditex. The existence of a factory in the city of Zara (now Zadar) in the 30s and the continued use of the sign “zara” for pasta in Europe were taken into consideration, which reinforced the legitimacy and acceptance of the sign in the market.

Link to the resolution: click here

October 14, 2025