Louis Vuitton Case Study: Successful Trademark Registrations
Louis Vuitton’s big step into a sustainable future thanks to the creative designer Virgil Abloh has provided us with the perfect case study on how to rebrand with sustainability at the core and is the perfect occasion for us to remind you about the key requirements for a successful trade mark registration.
The importance of a successful trade mark registration can never be overlooked - indeed, once a trade mark owner has registered a trade mark, this gives the owner a monopoly to use that trade mark for the goods and services which is covers. In other words - you can strengthen your brand and associated investments by essentially blocking other businesses from launching copy-cat brands.
Louis Vuitton Case Study
The new Louis Vuitton (“LV”) monogram has been transformed into a recycling logo. The LV trainers designed by Virgil Abloh are a symbol of Louis Vuitton’s sustainable future. Corn-based vegan leather and recycled materials such as polyester and polyurethane. In addition, the logo of the French brand has been modified to represent the letters “L” and “V” with green arrows, symbol of sustainable development. This logo is called internally the “Sustainable Development logo”.
Louis Vuitton has aligned their products with today’s desires of luxury fashion consumers. They want to purchase transparent and authentic products and are ready to abandon a brand that doesn’t have the similar core values. Louis Vuitton’s new tendency is the result of the work of Virgil Abloh, who tragically passed away last November. This designer has imagined integrating upcycled and bio-based materials to LV’ goods. Abloh has fought to give a sustainable perspective to LV by reaching the label by 2030.
Last August, Abloh took a similar initiative with the creation of LV’s first unisex sneaker named “the Charlie”. This one is made from 90% recycled or bio-sourced materials. With the new shoe, the brand respects one of its environment commitments thought by Abloh: any product that bears the logo must include at least 50% recycled or environmentally certified raw materials. As an example, both the new shoe and Charlie contain the corn-based plastic called Biopolioli.
These two projects are part of the brand’s 2025 goals to switch to eco design and processes by using 100% responsibly sources raw materials and 100% renewable energy across production and logistics and it is undoubtedly key for the French brand to secure such commitments by way of trade marks - enabling them to distinguish themselves from competitors. In a world where consumers are increasingly aware and socially conscious, this is not a negligible undertaking!
So how can brands ensure that their trade mark registration is effective?
Because a trademark registration is the most most effective way to build and protect a brand, companies must be aware of the steps to follow to properly register a brand. We focus here about the registration that occurs in the European Union (EU).
First, it is important to conduct a comprehensive trademark search before applying to an intellectual property office (IPO). The objective of this research is to verify if a similar mark has not been previously registered in the EU. The original trademark owner can file an opposition procedure, which can ultimately lead to a reject of your registration.
Second, a mark must meet requirements to be eligible for a trademark. A mark must be distinctive, meaning capable of distinguishing the goods and services of a competitor from another.
Third, you must contact an intellectual property office to start the procedure. There are two main ways in the EU: you can either chose to register at a national level to the adequate in the IPO of the EU Member State, or at the European level at the European Union Intellectual Property Office (EUIPO). This “European Union trade mark” (EUTM) is a single and online registration procedure that gives the owner of a brand exclusive rights in all EU countries. It is important to note that both national and European processes coexist, a brand can be registered on these two levels. Companies have to consider which procedure is the most relevant to their needs. National trademarks may be more adequate to small and medium-sized enterprises (SMEs) or local firms. On the contrary, EUTMs may correspond to companies that benefit from a consequent market and geographical presence. It is worth saying that the EUTM represents a considerable advantage thanks to a unique, fast and cost-effective procedure.
Compagnies that decide to fill an EUTM application must inform the name, address of the applicant, a representation of the sign and a list of goods and/or services that are concerned with the registration. The examiners then look if the formal conditions are fulfilled (form and content of the trademark application, payment of the EUTM fees, appointment of a European Trademark Attorney / EU lawyer...). If the trademark application is accepted, it is published and a 3 months opposition period begins. Once this period terminates without any complaint lodged, the European trademark registration is considered valid. Once accepted, the EUTM lasts 10 years and can be indefinitely renewed. Any person in the world may file at this level, irrespective of whether he has the nationality or a place of business in a Member State. However, if an applicant doesn't have an establishment or his domicile in the European Economic Area (EEA), a European Trademark Attorney or lawyer based in an EU member state must be appointed before initiating proceedings with the EUIPO.
If you have any queries about the registration of your EU trade marks or brand protection in general, please do not hesitate to contact us. Indeed, with our strong European base in Paris and Stockholm, we are perfectly placed to assist with your EUTM needs.
Article by Ophélie Lejeune @ Gerrish Legal, July 2022.
Sources:
Louis Vuitton: With Virgil Abloh's Sustainability Logo, Louis Vuitton's LV Trainers Showcase the Brand's New DNA – Ethos (the-ethos.co) - July 18 2022)
Learn About the EU Trademark Registration Process - Gerben Intellectual Property (gerbenlaw.com)
Trade mark protection in the EU (europa.eu) ; European (EU) Trademark Registration - costs and procedure | KTpatent