Federal Circuit Affirms Application of the Foreign Equivalents Doctrine and Refusal of “VETEMENTS” Trademark

In In re Vetements Group AG, Nos. 2023-2050, 2023-2051 (Fed. Cir. May 21, 2025), the Federal Circuit affirmed the TTAB’s refusal to register “VETEMENTS” for clothing and online retail services, finding the mark generic after applying the doctrine of foreign equivalents.

Vetements sought to register “VETEMENTS,” the French word for “clothing,” for use on apparel and online retail services. The TTAB applied the doctrine of foreign equivalents and found ordinary American purchasers would likely translate the mark into English, particularly considering the large number of French speakers in the US. The Board concluded the relevant consumer would understand “VETEMENTS,” when translated, as referring to the type of goods and services offered, and the mark was therefore generic.

On appeal, Vetements argued the TTAB misapplied the doctrine and the mark should not be translated because it is arbitrary or fanciful. While noting the doctrine of foreign equivalents “is not an absolute rule and should be viewed merely as a guideline,” the Federal Circuit rejected these arguments, emphasizing that modern languages are generally translated unless context suggests otherwise. Without delineating the precise boundaries of the doctrine, the Court found substantial evidence supported the TTAB’s findings.