With brand new app, Chanel seeks to register number 5


Chanel aims to bolster its robust arsenal of world famous brand registrations with one interesting brand. According to a newly filed trademark registration application, Chanel is seeking to register number 5 with the United States Patent and Trademark Office (“USPTO”) for use on cosmetics, highlighting its use of the embossed number on eyeshadow shades inside the No. 5 branded palettes as an example of how she has consistently used the brand since at least as early as November 2021. The app isn’t necessarily striking as the brand is digital. Trademarks can take the form of a wide variety of “symbols” capable of indicating the source of a product or service – from words and logos to the colors and packaging of the product, and numbers make certainly part of this group of possible indicators.

At the same time, the digital brand at the center of Chanel’s new application isn’t particularly intriguing as it’s a new take on the 111-year-old French fashion brand. In fact, Chanel maintains trademark registrations in the United States for a number of… well, numbers. In 2015, for example, he applied for and obtained a registration for 2.55 for use on handbags. The number is used by the brand to refer to a style of handbag – “a singular rectangular shape created by Gabrielle Chanel in February 1955”, hence the name 2.55. Around the same time, Chanel’s lawyer also filed an application (and eventually received a recording) for 11.12 to use on handbags, namely a handbag designed by the late Creative Director Karl. Lagerfeld which “reinterprets the iconic 2.55 handbag”.

Beyond that, Chanel maintains records for 1932 for use in perfumery and for 3.55 for use in connection with “downloadable podcasts containing commentary and ideas in the fields of fashion, art, music, travel and creative inspiration ”. And in 2002, Chanel sought to register number 5 for use on handbags and tote bags, but was rejected by the USPTO and initiated an unsuccessful use-centric cancellation proceeding ( or lack of use) from an unaffiliated third party, as Chanel argued in its cancellation request) of a stylized number 5 on different types of bags. (Chanel eventually ditched this app.) The brand also sought to register 2005 for use on handbags through apps dating back over 20 years.

The most interesting aspect of Chanel’s recently filed registration application for number 5 to use on cosmetics – and its existing registration for number to use on perfumes, bath gels, body creams, etc., which he issued in 1989 – is the evolution of the brand itself. Specifically, it should be noted how Chanel was able to expand its rights to the name of its most famous perfume over time to extend beyond the full nickname of “Chanel No. 5” and the instantly recognizable shape. from the bottle bearing the title “Chanel No. 5” (in which Chanel also enjoys trademark rights) to the shortcut “No. 5” and since then simply 5.

Along the way, Chanel – which first offered the now iconic perfume in the Coco Chanel boutique on rue Cambon in Paris on May 5, 1921 – also extended its use (and therefore its rights) to brand no. 5. in terms of the types of products he uses corresponding offers on, such as deodorant and hair care products, jewelry, stickers / tape and water bottles.

The progression of “Chanel # 5” to the more streamlined number 5 is in itself a practical reflection of the various actual uses of the brand by Chanel, as indicated by its application of number 5 to eyeshadow palettes. At the same time, this is important, because it gives the brand broader rights to the name of its famous perfume, and therefore, the possibility of suppressing a greater number of illicit uses by others who seek to protect themselves. graft on the appeal of the Chanel brand, as the brand has done in the past. (Note: Chanel’s actual use of the number 5 mark in certain product / service categories is what gives rise to its trademark rights in the United States and other first-filing countries, and not the receipt of a registration for the mark.)

This model is also intriguing because Chanel is not the only brand that apparently seeks to strengthen its rights to some of its most famous source indicators in this way. As TFL has previously reported, Prada is apparently looking to expand its rights to its triangular logo, showing scaled-down versions – including one that drops the Prada name and the “Milano”, “DAL 1913” and so on. recent seasons, and the filing of trademark applications for these simplified triangular trademarks.

The most immediate reading of this trend (in my eyes) is that Prada is looking to expand its rights to the triangular brand. Since the vast majority of his trademark uses to date have included the Prada name and the “Milano”, “DAL 1913”, etc., his rights are almost certainly limited to a trademark representing these various details (or details). similar iterations that are confusing). By offering a lean version of this triangle (which can probably be compared to some extent to how brands across the board adopted streamlined versions of their word marks not too long ago), Prada is gearing up. potentially to benefit from more extensive rights. in the small logo, and to (at least theoretically) enforce these rights against the use of similar triangular designs in cases where the “PRADA Milano”, “DAL 1913” and the tiny coat of arms are missing from the equation.

And yet, accustomed to smart branding, Louis Vuitton is known to distinguish and accumulate trademark rights and registrations for the individual elements that make up its brands, such as the single flowers and the “LV” logo that make up its famous Canvas monogram pattern, as well as for the monogram as a whole, in a movement that allows the luxury goods titan to benefit from protection for the individual pieces if the monogram is not reproduced in total, and also to make a greater number of total claims against an infringer if this is the case. In short, it gives the brand more options when it comes to application.

Chances are, Chanel’s legal team has similar goals in mind.

And not to be overlooked, Chanel is known for rolling out interesting brands both from a trend point of view and also from a protection point of view. Its use and registration for half of its double “C” logo in a circle comes to mind (Supreme’s adoption of “Sup” and its corresponding trademark registrations also come to mind on this front) , just like its vowel-free CHNL mark, which predates the launch of VTMNTS. And while Chanel never filed a declaration of use and therefore abandoned the application after filing a notice of authorization, its brand @WELOVECOCO is another interesting and timely brand of the brand.

As for another compelling set of Chanel registration applications that are currently pending before the USPTO: these are more striking on the basis of the goods / services at issue, as opposed to the brands themselves, like the applications. of “Chanel & Moi”, famous word mark, its double logo “C”, “Ready to Care” and “La Sirene” seem to indicate that Chanel seeks to go further in the space “cleaning and repair of fashion and accessories of fashion “.

About William G. Patrick

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