Chanel Registers the Number 5

REPOSTED FROM THE ARCHIVE.

Chanel N°5 is no longer simply a scent, rather it has intertwined with Chanel’s brand identity. Chanel filed a trademark application for the number 5, which indicates a broader trademark trend.

The Numeric Trademark

Image from USPTO.

Chanel filed a trademark application (Serial Number 97141643) with the U.S Patent and Trademark Office (“USPTO”) for the number 5. The trademark application registers the number 5 for use in the category of cosmetics. Chanel seeks to expand the number 5 past its association with the iconic Chanel fragrance. In the N°5 cosmetics collection product description, Chanel states, “Now, wearing N°5 also means wearing makeup.”. The current uses of the number 5 in cosmetics has been etching the number into eyeshadows and featuring the number in a raised text on the top of lipstick caps.

Images from Chanel.

While a numeric mark seems unconventional, source indicators can take a variety of forms including numbers as seen in the trademark history of Chanel. In the U.S, Chanel maintains other numerical trademarks such as ‘2.55’ for handbags, ‘11.12’ for handbags, and ‘1935’ for perfumery. Numbers signal the brand’s history as the ‘2.55’ mark represented the date a handbag style was created: February 1955. Chanel romanticizes dates and brand history which reinforces Chanel’s image as a long-standing luxury brand where the consumer is not only buying product, but a legacy. However, it is worth noting that this legacy might not always benefit Chanel, nor shield the brand from critical young fashion lovers and/or consumers. Chanel was recently mocked on social media for an underwhelming and cheap looking, but not cheap in price, advent calendar. Some disappointing gifts in the advent calendar were an empty dust bag, stickers and a string bracelet featuring a pendant of the number 5.

Image from Chanel.

Expansion of Trademarks

Image from The Fashion Law.

According to The Fashion Law, Chanel’s trademark application demonstrates trademark expansion of both the mark and the uses. Chanel has expanded its rights tethered to its signature perfume name from the full “Chanel No. 5” to the shorter “No. 5”, and the even shorter “5”. Further, Chanel has expanded its rights for this mark by broadening the services uses of the mark from perfume to other goods and services such as haircare, jewelry, stickers and now cosmetics. Consequently, Chanel maintains broader rights and more opportunities to protect the brand image through broadening what constitutes as an infringing use. By breaking down the mark to its components, an infringing use expands beyond the detail of explicitly stating the brand name.

Image from The Fashion Law.

In the fashion industry broadly, other brands have expanded their rights by registering for stripped back components of their marks. Recently, Prada filed trademark applications for its inverted triangle without word details of “Prada”, “Milano and “DAL 1913”. According to The Fashion Law, the majority of Prada’s uses have included those word elements which limits Prada’s rights to these specific details. By using a plain inverted triangle, Prada broadens its rights. In the realm of streetwear, Supreme registered a trademark for “Sup” which is a shortened, almost slang, version of “Supreme”.

Images from USPTO.

However, from my understanding, the broader the trademark is the more difficult it is to gain rights. It is harder to establish a seemingly general mark, such as a basic shape, number or colour, as being an indicator of a brand. Therefore, it is logical that as brands develop their reputation the marks broaden. Further, there is a risk that not all consumers will enjoy simpler marks. Chanel’s current use of the number 5 in cosmetics is smart because it supplements its more explicit marks such as “CC” and “Chanel”. In comparison, their advent calendar bracelet that solely contained a “5” was less identifiable as Chanel and less liked. It demonstrates how some consumers buy luxury brands for the explicit mark. Whereas, in the streetwear market less explicit marks could be appreciated more because streetwear is associated with insider knowledge of what is ‘cool’ and underground brands.