Authored by: Jeremy J. Gustrowsky
In a recent decision, the U.S. Court of Appeals for the Federal Circuit affirmed the refusal to register the mark “VETEMENTS” for clothing and online retail clothing store services. The case centered on whether the French word “vetements,” which directly translates to “clothing” in English, could be protected as a trademark in the United States. The court’s answer was a clear “no,” based on longstanding trademark principles.
The key issue was the application of the “doctrine of foreign equivalents.” This doctrine requires that if a trademark is in a foreign language, it should be translated into English to determine if it is generic or descriptive. The court found that French is widely spoken and taught in the U.S., and that an appreciable number of Americans would recognize “vetements” as meaning “clothing.” Because “clothing” is a generic term for the goods and services offered, the mark cannot serve as a source identifier and is not eligible for trademark protection.
Vetements Group AG, the applicant, argued that only a small fraction of Americans speak French and that the mark was distinctive in the fashion industry. However, the court rejected these arguments, emphasizing that it is not necessary for a majority of Americans to understand the word—just an appreciable number. The court also noted that the context of the mark’s use (on clothing and in retail services for clothing) made it likely that consumers would translate the word.
Ultimately, the decision reinforces the principle that generic terms, even in a foreign language, cannot be registered as trademarks if they simply describe the goods or services being offered. Thus it may be the case that common foreign words for everyday items may not provide trademark protection in the U.S.