Off-White™'s Latest Quotation Mark Trademark Application Has Been Declined

“PRODUCT BAG” is not a strong enough case for trademark approval.

By
Fashion 
15,465 Hypes 10 Comments

Following a tussle with bracelet brand Rastaclat over its use of quotation marks and zip ties, Off-White™ recently attempted filing another quotation mark-based trademark with the U.S. Patent and Trademark Office (USPTO). According to The Fashion Law, the company is seeking a registration for the phrase “PRODUCT BAG” and the quotation marks surrounding it, which the brand claims has been used on packaging for its tops and bottoms since 2016.

In response to Off-White™’s filing, the USPTO refused the application via an Office Action that noted issues with the request. USPTO examining attorney Drew Ciurpita feels the abstract meaning will be lost on customers, who they believe “will perceive the mark as merely providing information about the packaging, which is a clear plastic bag” instead of recognizing the “PRODUCT BAG” text as specific Off-White™ branding. “Whether a designation functions as a [trademark] depends on the commercial impression it makes on the relevant public; that is, whether purchasers would be likely to regard it as a source-indicator for the goods,” Ciurpita continues.

The attorney further explains that in the case of the presented Off-White™ packaging, “PRODUCT BAG” does not act as a trademark, noting that the “PRODUCT BAG” mark does not “indicate the source of [Off-White™’s] goods,” or even “identify and distinguish [Off-White™’s goods] from [those of] others.” Ciurpita also observes that the phrase literally describes the packaging instead of “creat[ing] a connection between the mark and the goods identified in the application.”

In order for Off-White™ to see an approval for this requested trademark, it will need to submit a new lawsuit citing a more specific use case of its quotation marks.

In other business news, Airbnb is planning to go public sometime next year.

Read Full Article
Source
The Fashion Law

Join Our Discussions on Discord

The HYPEBEAST Discord Server is a community where conversations on cultural topics can be taken further.

101 Users Online

What to Read Next

New 'John Wick Hex' Trailer Puts Players in the Shoes of Baba Yaga
Gaming

New 'John Wick Hex' Trailer Puts Players in the Shoes of Baba Yaga

Preorder now for $19.99 USD.

DaBaby Does Some Soul-Searching for Introspective New Single "Intro" (UPDATE)
Music

DaBaby Does Some Soul-Searching for Introspective New Single "Intro" (UPDATE)

Released alongside a new music video.

s.k. manor hill SS20 Explores Rich Textiles and Loose Silhouettes
Fashion

s.k. manor hill SS20 Explores Rich Textiles and Loose Silhouettes

Relaxed layers meet bold patterns.


Buddy Selects His Favorite Artworks for Sotheby's Online Auction
Arts

Buddy Selects His Favorite Artworks for Sotheby's Online Auction

Eyeing works by Futura, Martin Wong, and more.

Airbnb Announces Plan to Go Public in 2020
Tech 

Airbnb Announces Plan to Go Public in 2020

Valued by private investors at $31 billion USD.

Nike Shox Champions Boundary-Pushing Creative Talent from Across Europe
Footwear 

Nike Shox Champions Boundary-Pushing Creative Talent from Across Europe

Presented by Nike
Meet artist and painter Shay Casanova.

More ▾
 
Subscribe to our Newsletter

Gain access to exclusive interviews with industry creatives, think pieces, trend forecasts, guides and more.

By subscribing, you agree to our Terms of Use and Privacy Policy.

Help us serve you better

We appreciate your support in allowing HYPEBEAST ads, where we can share contents from the latest fashion, to those culturally relevant. In adding HYPEBEAST to your ad blocker's whitelist, ads on our sites will show while you continue to browse.

Help Support Us

We need ads to keep the lights on and to continue providing free news to our readers. We’d appreciate your support by whitelisting HYPEBEAST on your ad blocker. That way you can keep reading all the great stories for free.

If you have already whitelisted us, simply refresh this page. To find out how to whitelist us, click the button below.

Back

Add Us to Whitelist

We appreciate your support in allowing HYPEBEAST ads. Most ad blockers have similar whitelisting steps and settings. If you need assistance, please contact us.

Adblock Plus

  1. Click on the red ABP icon in the upper right corner of your browser.
  2. Click “Enabled on this site” to disable ad blocking for the current site. In Firefox click “disable on HYPEBEAST”.
  3. Refresh the HYPEBEAST page that you were viewing.

Adblock

  1. Click the AdBlock hand icon.
  2. Click “Don’t run on pages on this domain”.
  3. A new “Don’t run AdBlock on…” dialog may be displayed in the middle of the screen.
  4. Move the “Site” slider to the right. After that, click “Exclude”.
  5. Refresh the HYPEBEAST page that you were viewing.

uBlock

  1. Click the uBlock icon.
  2. Click the large blue “power” button in the menu that appears to whitelist the current website.
  3. Reload the HYPEBEAST page that you were viewing.

Firefox Browser

Firefox Tracking Protection may activate our whitelist notice, which can be disabled temporarily for a browsing session by clicking the shield icon in the URL bar and following the instructions.

Disconnect

  1. Click the Disconnect icon.
  2. Click “Whitelist site”.
  3. Refresh the HYPEBEAST page that you were viewing.