THE FASHION LAW EXCLUSIVE - Anthony Vaccarello may be rumored to be heading to Saint Laurent to take over for Hedi Slimane, who is rumored to be headed to Chanel, to take over Karl Lagerfeld, who is rumored to be leaving (yes, this is the state of the fashion industry rumor mill), but that does not mean Vaccarello is putting his eponymous label on hold. In fact, the Paris-based designer, who launched his label in 2009, filed to register the brand’s name with the European Union in a number of interesting classes of goods, suggesting that expansion is in the works.
As you may know, Vaccarello filed to register his eponymous label’s name with the French trademark office in 2012 in a number of classes of goods, including class 14 (jewelry); class 18 (this class covers leather goods); and 25 (for clothing). More recently, however, he filed to register the brand’s moniker in the European Union’s Office for Harmonization in the Internal Market, which will allow the mark to be valid and protected in all countries of the European Union, which is significant.
The brand’s application, which was filed in late December 2015, aims to register the mark in the same classes as the French mark, as well as a few others, such as class 3 (cosmetics and perfumes) and class 9 (which covers eyewear). So, Vaccarello fans can likely rejoice, namely, because trademark rights are based on use of the mark in the classes in which it is registered. Note: Unlike in the U.S., where trademark registration must be predicated upon actual use (a 1A application for the legally-minded) or the intent to use (as depicted in a 1B filing and a subsequent statement of use filing), in Europe, you can seek the registration of a trademark without using it immediately.
In the U.S., if you don’t use the trademark that is subject to registration within six months to a year, you lose your trademark. In Europe, you have 5 years to use the mark in commerce before it is subject to cancellation. With this in mind, in the not too distant future, you may be able to get your hands on an Anthony Vaccarello fragrance and/or sunglasses to pair with Vaccarello’s signature diagonally sliced miniskirts and a shrunken leather jackets. Stay tuned!