Vetements Too "Generic" to Be Trademarked in the US

Summary

• A decision from the U.S. Patent and Trademark Office’s (USPTO) affrims that Vetements has lost its years-long battle to trademark its brand name in the US, according to a report from The Fashion Law.
• The decision made by a panel of three judges stated that the term “vetements,” the French word for “clothing,” is generic when used for garments and retail services.

Last week, Demna-founded Swiss label Vetements lost its years-long battle to trademark its brand name in the US. According to a report from The Fashion Law, the U.S. Court of Appeals for the Federal Circuit affirmed the U.S. Patent and Trademark Office’s (USPTO) refusals for “VETEMENTS to be trademarked on May 21, stating that the term “vetements,” the French word for “clothing,” is generic when used for garments and retail services.

Due to French being a commonly spoken and taught language in the U.S., and the word “vetements” is directly descriptive of the clothing goods at issue, the court affirmed the Board’s decision, according to the report. Regardless of the brand’s acquired significance, the USPTO will not accept any further evidence supporting the appeal. The brand, started by siblings Demna and Guram Gvasalia in 2014, attempted to secure a U.S. trademark registration for apparel and online retail services in 2020.

The decision lands with a dose of irony given the brand’s satirical themes, often playing off of logos and recognizable images from various sects of culture. For example, last year Vetements sent model Gigi Hadid down the runway in a DHL duct tape dress, referencing an earlier collection from the label. However, Demna left the brand in 2019, and Guram has remained the artistic directorr for more than 10 years since 2014. Even Demna’s tenure at Balenciaga, now coming to a close, has been subject to controversy for copyright infringement.

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