Can You Trademark “Quiet Luxury”? Fashion's Most Elusive Trend

The Paradox of “Quiet Luxury”

In the ever-evolving landscape of fashion, "quiet luxury" has emerged as a defining trend, characterized by understated elegance, impeccable craftsmanship, and the absence of overt branding. Popularized by cultural phenomena like HBO's Succession, this movement has seen brands like The Row, Loro Piana, and Brunello Cucinelli rise to prominence, offering pieces that whisper sophistication rather than shout status.

Yet, as the fashion industry grapples with this minimalist ethos, a compelling question arises: Can "quiet luxury" itself be trademarked? And more broadly, how does trademark law interact with a trend that thrives on subtlety and discretion?

Understanding “Quiet Luxury” Trademark

It refers to high-end fashion that avoids conspicuous logos and branding in favor of subtle design elements, premium materials, and timeless silhouettes. This approach appeals to consumers seeking exclusivity without ostentation, valuing quality over flashiness.

Brands embodying this trend focus on:

• Minimalist Aesthetics: Clean lines and neutral palettes.

• Quality Craftsmanship: Emphasis on materials and construction.

• Subtle Branding: Logos, if present, are discreet or absent.

  
  

The Trademark Conundrum: Can You Own a Trend?

Trademark law protects identifiers that distinguish goods or services of one entity from another. These identifiers can be words, logos, symbols, or even distinctive design elements. However, for a term to be trademarked, it must be:

• Distinctive: Not generic or merely descriptive.

• Used in Commerce: Actively used to identify goods/services.

• Non-Functional: Not essential to the product's use or purpose.

Applying this to "quiet luxury":

• Generic Nature: The term describes a category or style, making it potentially too generic for trademark protection.

• Descriptive Use: It conveys a characteristic of the products (i.e., luxurious yet understated), which may render it merely descriptive.

Notably, The French Studio has registered "THE QUIET LUXURY COLLECTION" as a trademark in the European Union. This registration encompasses a broad array of goods and services, including clothing, footwear, accessories, candles, food and beverages, entertainment services, and hospitality offerings.

This expansive registration demonstrates an attempt to associate the term "quiet luxury" with a specific brand identity across multiple industries. However, the success of such a trademark in enforcement would depend on various factors, including the distinctiveness of the mark and its recognition in the market.

In the United States, there is a trademark application for "QUIET LUXURY" filed by Devyn Morin NP in Family Health PC (Serial No. 98770866), which pertains to healthcare services rather than fashion. This indicates that the term is being utilized in diverse sectors, further complicating its association with a singular brand identity.

Brands aiming to protect their association with such terms must navigate the challenges of establishing distinctiveness and avoiding genericness in the eyes of trademark authorities.

Protecting the Intangible: Strategies for Brands

While trademarking the term itself may be fraught with challenges, brands can employ alternative strategies to protect their identity:

1. Trade Dress Protection

   Trade dress refers to the visual appearance of a product or its packaging that signifies the source of the product to consumers. For quiet luxury brands, this could include:

   • Design Elements: Unique stitching patterns, silhouettes, or fabric choices.

   • Packaging: Distinctive minimalist packaging that conveys brand identity.

   To qualify for trade dress protection, the design must be:

   • Non-Functional: Not essential to the product's use.

   • Distinctive: Either inherently or through acquired distinctiveness.

   • Non-Confusing: Not likely to be confused with another brand's trade dress.

2. Position Marks

   These are trademarks that protect the specific placement of a mark on a product. For example, a brand might consistently place a small emblem on the cuff of a sleeve. Over time, consumers associate this placement with the brand, allowing for trademark protection.

3. Color and Pattern Trademarks

   Brands can seek protection for specific colors or patterns associated with their products. For instance, Tiffany & Co.'s robin's egg blue or Christian Louboutin's red soles are iconic examples. Brands might develop unique color palettes or patterns that become synonymous with their identity.

The Risk of Dilution and Dupes

The understated nature of quiet luxury makes it susceptible to imitation. Without prominent logos or trademarks, counterfeiters and fast-fashion brands can replicate designs with minimal risk of legal repercussions. This not only dilutes brand value but also confuses consumers.

Bank of America analysts have noted that the "quiet luxury" trend lowers barriers to entry, allowing niche players to mimic high-end designs, potentially impacting the exclusivity and profitability of established luxury brands.

Navigating the Path

While trademarking the term "quiet luxury" may be challenging due to its generic and descriptive nature, brands can still protect their identity through alternative legal avenues. By focusing on distinctive design elements, consistent branding strategies, and leveraging trade dress and other non-traditional trademarks, brands can maintain their exclusivity and fend off imitators.

In an industry where perception is paramount, the silent strength of quiet luxury lies not just in its aesthetic but in the strategic legal frameworks that safeguard its essence.