The US government recently filed a brief that backs the decision of the US Patent and Trademark Office (USPTO) in its refusal to register a trade mark for the French word “VETEMENTS”, which directly translates to “clothing”.
The USPTO requires foreign-language marks to be translated when examining whether they can be registered, meaning that “VETEMENTS” becomes ineligible due to being descriptive and for lacking acquired distinctiveness. Vetements Group AG, the applicant, has argued that the average American consumer would not translate the word and thus would view it as distinctive. However, the US government responded that French is widely taught and understood, especially in relation to fashion, though Vetements Group AG claims that only 1% of American citizens actually speak French.
The main observation in this matter is the approach of the USPTO and the US government, whereby a word mark application in a foreign language will be translated as part of its examination process and where that translation is descriptive of the goods and services the mark seeks to protect and lacks acquired distinctiveness then it will be refused. This approach departs from the UK Intellectual Property Office, where “VETEMENTS” is registered by Vetements Group AG in respect of clothing.
If you have any questions on the above, or if you need any advice or support in respect of your own intellectual property, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
