Chaos in the perfumery
A perfume bottle, besides the fragrance and the brand it holds, is often a work of art in itself.
The flasks are often so distinctive that the brand can be recognised by the bottle’s shape. Those who are clever enough to have their design registered as a trademark can take legal action when a bottle that is (nearly) identical appears on the market.
Perfume company CHAOS recently applied for the registration of the 3D shape of their latest fragrance, Destructable Love Eau de Dark, in the European Union. CHAOS is a relatively new Romanian perfume brand, founded in March 2023. Given CHAOS’ short life on the market, the brand is still building its brand awareness and market presence. However, this application is sure to attract publicity, as the design closely resembles a perfume bottle we all know: Chanel No. 5.
The iconic Chanel No. 5 is one of the most famous perfumes in the world, created in 1921 by French fashion designer Coco Chanel. The design of the No. 5 bottle is as famous as the fragrance itself. It involves a clean, rectangular shape with simple typography that reflects Chanel’s minimalist and elegant style. At the top is the polygonal cap, inspired by the shape of the Place Vendôme. The shape has been registered as a trademark in France since 1989.
Because of the flasks’ alikeness, Chanel recently filed an opposition against CHAOS’ application, presenting two grounds. First, the risk of confusion that the CHAOS mark may cause. Second, the application would take unfair advantage of the reputation of the Chanel bottle and potentially damage the distinctiveness or reputation of the Chanel brand.
It will be interesting to see how the European trademark office handles this opposition. Is the shape of Chanel No. 5 so iconic that it makes the brands look and feel similar, and that the similarity will prevail, despite differences such as the name CHAOS on the design? We are betting on Chanel, but only time will tell, as the opposition proceedings have only just started. We will keep you posted!
Author: Erik Stegeman
Bio: Erik Stegeman is a trademark attorney and specialist in trademark protection for bands, DJs and artists. His client portfolio includes many famous DJ’s like Charlotte de Witte, Swedish House Maffia and Tiësto. He writes a lot about music trademark infringements. And if you are lucky, he will give you hints on the latest band and DJ’s.