The company behind a popular line of woven handbags and clutches is seeking to trademark its interlaced weaving pattern, but has encountered resistance from the U.S. Patent and Trademark Office.
In a recent Office action, an examining attorney for the USPTO preliminarily rejected NAGHEDI's application, arguing that the woven pattern lacks distinctiveness and functions merely as an ornamental feature of the goods.
The examiner contends that the pattern is commonly used on similar goods and, as a result, consumers are unlikely to perceive it as an indicator of the goods' source. The USPTO examiner also raises concerns about the mark description and the identification of the goods, prompting the applicant to submit an amended description.
The pushback against NAGHEDI's application is particularly noteworthy in light of Bottega Veneta's prior experience with registering its own woven pattern.
Bottega Veneta faced similar challenges in the past, with the USPTO initially refusing to register its mark on the basis of aesthetic functionality and ornamentation. While Bottega Veneta ultimately obtained registration for its woven pattern, the current pushback against NAGHEDI's application raises questions about the strength of Bottega's registration.
The examining attorney suggests that woven patterns, including Bottega's, may be perceived by consumers as ornamental rather than indicative of the source.
The relevance of Bottega Veneta's trademark registration is emphasized, with the examining attorney citing Bottega's woven pattern as an example of a highly similar design commonly used on handbags. This raises doubts about the distinctiveness of Bottega's mark and the potential for challenges to its strength in litigation.
Despite past trademark enforcement actions against counterfeit sellers and Alibaba, Bottega Veneta has not been as aggressive in enforcing its rights through litigation in the U.S. as some of its peers, which could provide infringers with an opportunity to question the mark's strength in legal disputes.
In conclusion, the USPTO's rejection of NAGHEDI's trademark application and the reference to Bottega Veneta's experience shed light on the challenges associated with registering woven patterns as trademarks. The pushback underscores the need for companies to demonstrate the distinctiveness of their designs and marks, especially in cases where similar patterns are commonly used in the industry.
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