Off-White trade mark application faces refusal due to being purpose-indicative

If you are familiar with the style adopted by fashion company ‘ Off-White’, you will likely be aware of their regular use of quotation marks when it comes to their logos. The company is now aiming to strengthen their idea that the punctuation acts as a source indicator, in the same way as other trade marks. They have recently filed to register the phrase “For Walking”, with the USPTO, for use on their footwear.

This adds to the list of their other awaiting marks, including “Product Bag”. Unfortunately, the applications have faced criticism from the USTPO, as examining attorneys have stated the words are simply too descriptive of the purpose of Virgil Abloh’s products. Currently, the applications have been faced with preliminary refusal. 

The following options will enable the company to either submit evidence in support of their current applications or to fully amend their choice of wording, within the upcoming six months. Off-White has gained a lot of popularity with their purpose-indicative logos, however, the famous slogans have also been subject to a large amount of unauthorised use. Therefore, acquiring IP rights is a must for the brand.

If you have any queries regarding the above article or would require assistance with an alternative matter, please contact a member of our expert team at Lawdit today.

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