“PRODUCT BAG.”
According to The Fashion Law, Virgil Abloh’s Off-White™ recently filed another quotation mark trademark with the U.S Patent and Trademark Office, this time for the phrase “PRODUCT BAG” and quotation marks surrounding it.
Although the brand states in the claim that they have been using this phrase on the packaging for tops and bottoms since 2016. Noting issues with the request, the USPTO has declined the application, asserting that the abstract meaning would not make a difference to customers, who ‘perceive the mark as merely providing information about the packaging, which is a clear plastic bag.” Further explaining the decision, the attorney for the USPTO states that the “PRODUCT BAG” sign does not “identify and distinguish Off-White™ goods from others but instead literally describes the packaging.
We wait to see whether Off-White™ will re-request this trademark, this time with more specific citings as to why the use of its quotation marks creates a connection between the mark and the goods identified in the application. See the bag in question in the image below:
PHOTO CREDIT: @virgilabloh
