OFF-WHITE™‘s legal team has sought to register the words “Product Bag” along with the quotation marks surrounding it in its latest application to the U.S. Patent and Trademark Office (“USPTO”).
According to thefashionlaw.com the USPTO issued an Office Action advising OFF-WHITE™ that its preliminary application had been refused. According to the letter, “the applied-for mark … does not function as a trademark.” Essentially the “Product Bag” mark does “not indicate the source of [Off-White’s] goods,” nor does it “identify and distinguish” OFF-WHITE™ goods from that of other. Now, the brand’s legal team need to come back with another specimen that better demonstrates “a connection between the mark and the goods identified in the application.”
This is, of course, only the most recent in a number of trademark applications lodged by Abloh‘s label in recent months. Earlier this year OFF-WHITE™ tried to sue a bracelet maker, Rastaclat, arguing that consumers will be confused by the brand’s $18 bracelets and could purchase them under the false illusion that they originate under Abloh’s design direction.
OFF-WHITE™ is currently battling a lawsuit against another company OffWhite Productions, which claims that Abloh’s label hijacked its name.
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