According to a newly-filed trademark application for registration, French luxury brand Chanel is looking to register the number 5 with the U.S. Patent and Trademark Office (“USPTO”) for use on cosmetics
Chanel stated that it has been using the mark since November 2021, using the No. 5 eyeshadow palette as an example, with a box designed with the number “5” in relief.
As early as 2002, Chanel attempted to register a trademark with a single number “5” for handbags and tote bags, but it was rejected by the USPTO. The main reason for the rejection by the USPTO was that a single number “5” had already been used by an independent third party on a different type of bag and Chanel eventually abandoned the application.
In fact, Chanel maintains trademark registrations in the U.S. for numbers. In 2015, for instance, it filed for and was issued a registration for 2.55 for use on handbags. The number is used by the brand to refer to a handbag style – “a special handbag shape created by Gabrielle Chanel in February 1955,”. Around the same time,Chanel similarly filed an application and eventually received a registration for 11.12 for use on handbags, namely, a handbag designed by late creative director Karl Lagerfeld that “reinterprets the iconic 2.55 handbag.” Beyond that, Chanel maintains registrations for 1932 for use on perfumery, and for 3.55 for use in connection with downloadable podcasts featuring commentary and ideas in the fields of “fashion, art, music, travel, and creative inspirations.”
In the United States, Chanel has registered trademarks for perfumes, bath gels and body creams with the name “Chanel No. 5” since 1998 and it also registered a trademark for the shape of the bottle of No. 5 perfume. Since then, Chanel’s trademark applications have been simplified from “Chanel No. 5” to “No. 5” and then to the number “5” alone. The scope of application has been expanded to deodorant, hair care products, jewelry, stickers/tape and water bottles. This evolution has enabled Chanel to hold a wider range of trademark rights for its classic No. 5 fragrance.