Can you trademark a design? For decades, luxury brands and fashion designers have grappled with this question, fighting to protect iconic elements of their products. In a recent decision, the Trademark Trial and Appeal Board (TTAB) ruled against Audemars Piguet, refusing to register two of its watch designs as trademarks.
The Case: A Lesson in Trademark Law
Audemars Piguet’s applications sought to trademark key elements of its watch design, including its instantly recognizable octagonal bezel with eight screws. While the TTAB agreed the bezel is distinctive, the rest of the design—including the circular watch face—was deemed either functional or not distinctive enough to qualify for trademark protection.
To complicate matters, the brand’s advertising heavily emphasized its logos (“Audemars Piguet” and “AP”), making it harder to prove that consumers recognize the specific design elements as trademarks. The TTAB also required the brand to exclude functional and non-distinctive features by using dotted lines in its drawings—a requirement the applications failed to meet.
Why This Matters
This decision highlights the challenges of protecting design elements in industries where form and function often intersect. While luxury brands like Louboutin (red soles) and Burberry (plaid) have successfully defended their trademarks, others struggle to demonstrate distinctiveness. For Audemars Piguet, this ruling underscores the importance of focusing on unique features and adhering to trademark requirements.
What Professionals Can Learn
For IP attorneys: This case is a reminder of the rigorous standards for product configuration marks, including the need for precise drawings and clear evidence of distinctiveness.
For brand owners: Strong trademarks require more than an iconic design. Evidence like “look for” advertising, consumer recognition, and clear compliance with USPTO rules can make or break a case.
Contact a dedicated trademark lawyer today for a free consultation!