SUPERDRY: not quite so super when it comes to trademark registration

When is a name truly descriptive from a legal standpoint, rendering it ineligible for registration?

British clothing brand SUPERDRY, known for its vintage Americana style with Japanese graphics, recently found out.

The European Trademark Office rejected the SUPERDRY trademark for most of the products and services for which the application was filed. The Office ruled that SUPERDRY means 'remarkably free of moisture’ and is descriptive, thus lacking distinctiveness.

DKH Retail Limited, the company behind the clothing brand, argues that ‘Superdry’ isn’t a combination of the separate words ‘super’ and ‘dry’, and that there is no such definition as ‘superdry’ in the English language. Also, it is not likely for an English speaker to refer to an item as being ‘super dry’; they would usually go for ‘very dry’.

The Office sticks to its guns with its refusal and the stance that a consumer automatically splits the words into ‘super’ and ‘dry’, which makes super dry products. However, the objection is partial: only products and services related to the sale of products that can be specified as being super dry are excluded from registration. Unfortunately for the trademark owner, this covers a significant part of the application.

Interestingly, DKH Retail did succesfully register SUPERDRY within the European Union in the past for cosmetics and clothing, and the assessment of distinctiveness is subject to case law. It appears that the European Trademarks Office changed its opinion on the SUPERDRY trademark, and not in favour of the trademark holder.

Author: Arnaud Bos

Bio: Arnaud is trademark attorney and within Knijff responsible for the marketing & communication. Arnaud is specialist in the metaverse and music sectors and his client portfolio includes many upcoming and renowned bands. He keeps a close eye on the latest case law in the EU and will let you know when he sees remarkable applications.