Nudie Jeans Co AB have recently had accepted Australian trademark 1366999 for a stitching pattern applied to jeans. This is not a new phenomenon and we take a look at stitching marks over the years.
Nudie Jeans Co AB have recently had accepted an Australian trademark consisting of a stitching pattern applied to jeans as shown below.
The application was accepted under the provisions of subsection 41 (5) and evidence of use was required in order to obtain acceptance of the trademark.
Nudie Jeans are certainly not the first (and won’t be the last) clothing manufacturer to attempt to protect the stitching on their goods which act as a trademark. The first stitching trademark we are aware of (that is still registered) in Australia is for Levi’s Strauss & Co (Australian Trademark 302847). A number of other Australian trademarks for stitching are set out below.
|
Marks |
Owner |
Endorsement |
| 302847 |
Levi Strauss & Co | Registration of this trade mark shall give no right to the exclusive use of the device of a ‘POCKET’ The mark consists of double arcuate lines as shown on the representation attached to the application applied by stitching to the hip pockets of the goods, such stitching being of a contrasting colour to the background fabric* The preceding endorsement(s) were recorded prior to commencement of the Trade Marks Act 1995.* |
| 443999 |
The H.D. Lee Company, Inc. | Registration of this trade mark shall give no right to the exclusive use of the device of a POCKET* The mark consists of parallel curved lines, as shown on the representation attached to the application, applied by stitching to the pockets of the goods, such stitching being of a contrasting colour to the background fabric* Accepted on provision of evidence of use* The preceding endorsement(s) were recorded prior to commencement of the Trade Marks Act 1995.* |
| 478992 |
Wrangler Apparel Corp | Registration of this trade mark shall give no right to the exclusive use of the letter W and the device of a POCKET* The mark consists of double lines in the shape of a W as shown on the representation attached to the application, applied by stitching to the hip pockets of the goods, such stitching being of a contrasting colour to the background fabric* Accepted on provision of evidence of use* The preceding endorsement(s) were recorded prior to commencement of the Trade Marks Act 1995.* |
| 584819 |
Levi Strauss & Co | The trade mark consists of double arcuate lines as shown on the representation attached to the application applied by stitching to the pockets of the goods.* * The provisions of sub-section 26(2) applied.* The preceding endorsement(s) were recorded prior to commencement of the Trade Marks Act 1995.* |
| 587084 |
Levi Strauss & Co | The marks consist of a protruding red tab of textile material affixed permanently to the sides of rear patch pockets and double arcuate lines stitched on the rear patch pockets.* It is a condition of registration that, in use, the blank spaces in the marks shall either be left blank or be occupied by the trade marks the subject of registration B220174 or A584049.* The provisions of sub-section 26(2) applied.* The preceding endorsement(s) were recorded prior to commencement of the Trade Marks Act 1995.* |
| 649238 |
Tommy Hilfiger Licensing LLC | The mark consists of a green eyelet device affixed to the top right hand side of a pocket.* The preceding endorsement(s) were recorded prior to commencement of the Trade Marks Act 1995.* |
| 704393 |
Globe International Nominees Pty Ltd | The trade mark consists of the lines of stitching applied to the pockets of the goods, such stitching being of a contrasting colour to the background fabric, as shown in the representation attached to the application form.* Provisions of subsection 41(5) applied.* |
| 873375
|
Bettina Liano Pty Ltd | The trade mark consists of the lines of stitching applied to the pockets of the goods, such stitching being of a contrasting colour to the background fabric, as shown in the representation attached to the application form.* * Provisions of subsection 41(5) applied.* |
| 873376
|
Bettina Liano Pty Ltd | The trade mark consists of the lines of stitching applied to the pockets of the goods, such stitching being of a contrasting colour to the background fabric, as shown in the representation attached to the application form.* * Provisions of subsection 41(5) applied.* |
|
904141 |
Seven For All Mankind, LLC | The trade mark consists ofa single occurrence of a combination of zig zag and straight stitching pattern applied by stitching to the goods, as shown in the representation attached to the application. The outline of the pocket shown is not part of the trade mark.* Provisions of subsection 41(5) applied.* |
|
979766 |
Sportsgirl Pty Limited | The trade marks consist of stitching applied to articles of clothing, such stitching being of a contrasting colour to the colour of the background fabric, as shown in the representations attached to the application form.* |
| 999211 |
DenimXworks, Inc | The trade mark consists of the shape of an appliqued maltese cross applied to the pocket of the goods, as shown in the representation attached to the application form.* |
| 1051362 |
Citizens of Humanity, LLC | Convention priority claimed: 20 October 2004, United States of America, No. 76/617318 in respect of SKIRTS, PANTS, SHORTS, JEANS, BOTTOMS in class 25.* The trade mark consists of a mirror stitching design on a pair of pockets as shown in the representation attached to the application form and applied to articles of clothing.* |
|
1094548 |
Versatile Entertainment, Inc. | The trade mark consists of a partial star which appears on the pocket of the goods and is shown by the solid lines. The broken lines represent the shape of the pocket and serve only to show the position of the mark on the goods and are not claimed as part of the mark.* Convention priority claimed: 6 January 2006, United States Of America, No. 78/786924. in respect of CLOTHING.* |
| 1108427
|
Abercrombie & Fitch Europe SA | Trade Mark Description: Mark Description: The mark consists of a pair of double-lined stitches, extending continuously across the pocket of the goods; the stitches are curved, intersecting twice, forming an eye shape in the centre of the pocket; the broken lines outlining the pockets are used to indicate the positioning of the mark on the goods and are not a feature of the mark. * Provisions of subsection 41(5) applied.* |
| 1108428
|
Abercrombie & Fitch Europe SA | Trade Mark Description: Mark Description: The mark consists of a pocket design comprised of three arcing stitch lines in each of the lower corners of the pocket, the dotted line around the mark represents the shape of the pocket, which is not claimed as a feature of the mark. * Provisions of subsection 41(5) applied.* |
| 1167051 |
Tommy Bahama Group, Inc.a Delaware corporation | The trade mark consists of a stitching pattern applied to a pocket of the goods as shown in the representation attached to the application. The broken lines serve only to show the position of the mark on the goods and are not claimed as part of the mark.* |