Cult Gaia Refused US Trademark Registration of its “Gaia’s Ark” Handbag Design, due to Genericness and Non-distinctiveness Issues

  • 07 mai 2022
  • Alessia Monastero, associate & trademark agent, Bhole IP Law

Dubbed as the Instagram “it” bag in 2016, Cult Gaia’s “Ark” bag design was recently refused trademark registration in the United States following the brand’s five-year battle to obtain registration for the design of its bag.

picture of handbag made from slats in half moon shape

 

 

 

 

 

 

 

 

 

 

Image source: USPTO Trademark Status & Document Retrieval page (Serial No. 87522459)

On July 10, 2017, Cult Gaia filed a trademark application with the United States Patent and Trademark Office (USPTO) for the 3D configuration and design - also known as trade dress - of its Instagram-famous Ark bag. The trademark application came years after the initial launch of the Ark bag in 2013, once the bag and the Cult Gaia brand began garnering the attention of fashion socialites, influencers, and celebrities.