Commercial concepts, such as ‘quiet luxury’, can easily catch the public’s imagination, but that doesn’t mean they can be registered as trademarks, says Laetitia Maufroy. She shares key lessons from the EUIPO’s January 2026 decision on the sign ‘Quite Luxury’.
Global marketing trends are increasingly influencing brand naming strategies. Expressions such as ‘clean beauty’, ‘slow fashion’ or ‘quiet luxury’ have established themselves as real sectoral codes, especially in the luxury and fashion industries.
However, while these concepts are powerful from a commercial perspective, their legal appropriation through trademark law remains uncertain. The 5 January 2026 decision of the European Union Intellectual Property Office (EUIPO) regarding the trademark application ‘Quite Luxury’ illustrates the limitations of EU trademark law in the face of global marketing trends.
The decision is a useful reminder for companies planning to secure their distinctive signs in the EU market.
Background to the ‘Quite Luxury’ ruling
Fashion Holding Düsseldorf GmbH had filed an EU trademark (EUTM) application for a figurative sign containing the words 'Quite' and 'Luxury' with a particular typography. The request was for products predominantly in the fashion and luxury sectors (clothing, shoes, leather goods, etc.).
The EUIPO carried out an examination of the absolute grounds for refusal and considered that the sign could not be registered, taking the view that it would be perceived by the relevant public as a mere promotional expression referring to a marketing concept, rather than as an indication of the commercial origin of the goods.
By its decision of 5 January 2026, EUIPO therefore rejected the application for lack of distinctive character.
Legal basis of the refusal
The decision is based on Regulation (EU) 2017/1001 on the European Union Trade Mark (EUTMR), and more specifically:
- Article 7(1)(b): signs devoid of any distinctive character are refused registration;
- Article 7(1)(c): signs composed exclusively of descriptive indications that may serve to designate a characteristic of goods or services are refused.
Moreover, according to settled case-law, a sign may be registered as a trademark only if it enables the relevant consumer to identify the commercial origin of the goods or services and to distinguish them from those of other undertakings.
EUIPO's analysis: An expression perceived as a concept, not as a trademark
- (i) Perception of the relevant public
The EUIPO considered that the relevant public – including, inter alia, English-speaking consumers in the European Union – would immediately understand the expression 'Quite Luxury' as a reference to a widespread trend in the luxury sector, evoking a form of luxury that is discreet, minimalist and non-ostentatious. This immediate understanding prevents the sign from fulfilling its essential function as a brand.
- (ii) Lack of inherent distinctiveness
The EUIPO found that the sign did not present any discernible deviation from its promotional meaning. In other words, it does not require any interpretive effort on the part of the consumer to grasp its meaning.
The sign is thus limited to conveying a message promoting the goods concerned, without making it possible to identify a specific commercial origin.
- (iii) The inadequacy of the graphic or stylistic elements
The applicant argued that the specific typography was sufficient to give the mark a distinctive character. However, the EUIPO rejected that argument, pointing out that mere usual stylistic choices are not sufficient to confer distinctive character on a sign that is fundamentally descriptive or promotional.
Therefore, EUIPO considers that the sign 'Quite Luxury' is descriptive of the goods covered by the mark and refuses its registration.
A strict but consistent approach
This decision is in line with a well-established line of case law: expressions that are part of the everyday language of marketing or describe sectoral trends must remain available to all market participants.
The EUIPO is thus careful to avoid any monopolistic appropriation of concepts necessary for commercial communication, particularly in highly competitive and internationalised sectors such as luxury goods and fashion.
Practical lessons for companies
Companies and their marketing teams can sometimes underestimate the extent of the European public's perception of language. An English expression that is widely used in a global context will generally be understood by the EU consumer and examined as such by the EUIPO.
This decision also reminds us that a marketing positioning strategy is not necessarily the same as an effective legal protection strategy.
It is in the best interest of companies to dissociate their promotional slogans from their main brands or to favour arbitrary, indirectly evocative or invented signs.
The refusal of ‘Quite Luxury’ illustrates that the success of a marketing concept is not enough to make it a protectable brand.
In an international environment where trends circulate quickly and become more uniform, trademark law plays a vital role as a safeguard, by reminding us that only distinctiveness allows access to exclusive protection.
To find out more about how to approach marketing trends in brand-naming strategies, download our white paper ‘Mind the gap: How to integrate IP into brand development’, speak to your Novagraaf attorney or contact our experts.
Laetitia Maufroy is a Trademark Attorney at Novagraaf France.
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