In recent years, the adoption of “disemvoweled” trademarks (i.e., trademarks with the vowels removed) has become increasingly common among companies, especially in the technology and fashion sectors. This trend emerged as a way to navigate the growing difficulty of registering new distinctive trademarks due to the increasing number of registered marks. Additionally, the use of “disemvoweled” trademarks aligns with the communication style of younger consumers. However, employing “disemvoweled” trademarks is not without challenges and risks.
The Nike Case and the “SNKRS” Trademark
The first case involves Nike’s “SNKRS” trademark. Nike sought to register the “SNKRS” mark (both as a word and in combination with its iconic swoosh) for a range of products and services related to footwear, clothing, and sneakers. However, the USPTO (United States Patent and Trademark Office) initially rejected the registration, deeming the mark merely generic. Indeed, “SNKRS” is the abbreviated form of “sneakers,” which is the type of product Nike offers. Nevertheless, the Trademark Trial and Appeal Board later overturned this decision, recognizing that “SNKRS” is a descriptive term rather than a generic one. Due to Nike’s exclusive and continuous use of the mark since 2015 and its association with the brand in media, the Board determined that “SNKRS” had acquired a distinctive secondary meaning and could therefore be registered as a trademark.
The Burberry Case and the “BRBY” Trademark
Another interesting case is that of Burberry’s “BRBY” trademark. This vowel-less mark faced opposition from Mattel, the company behind the famous Barbie doll. Mattel argued that “BRBY” is phonetically equivalent to “BARBIE,” which could lead consumers to perceive it as a sub-brand or extension of the Barbie brand. While it seems unlikely that Burberry intended to capitalize on Barbie’s reputation, the matter has been suspended pending negotiations between the parties.It is certainly essential to conduct a thorough analysis before proceeding with the registration of such trademarks to avoid issues of genericness, descriptiveness, or similarity to existing trademarks. A branding strategy based on “disemvoweled” trademarks can prove successful, but it requires careful consideration and a solid industrial property protection strategy. Only then can companies fully leverage the advantages of this emerging trend.
