Beyond the Scent: Chanel No. 5 and the Legal Protection of Iconic Perfume Bottle Designs in the EU

Protecting product packaging in the luxury fashion and beauty industries is increasingly important, to the point that packaging itself contributes to brand recognition and commercial value.

This phenomenon is illustrated by Chanel’s No.5 perfume. On October 9 2026, the European Union Intellectual Property Office (EUIPO) upheld Chanel’s opposition to a rival perfume bottle trademark application filed by Chaos Perfumes, finding that the contested design would take unfair advantage of Chanel’s reputation of its earlier three-dimensional trademark.

This dispute reportedly began in April 2024, when the Romanian fragrance company Chaos Perfumes sought registration of a three-dimensional mark depicting a white-and-gold perfume bottle with labeling. In September of the same year, Chanel opposed this, arguing that Chaos Perfumes would benefit from the reputation of Chanel’s protected bottle shape because their design incorporates many similar features.

Establishing the trade mark rights

The dispute raises an important question: to what extent should trademark law protect the shape of a luxury product when the competing design is only slightly similar?

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This ruling is significant as it demonstrates that the dispute was not simply about whether the rival had reproduced Chanel’s branding. Instead, it concerned the extent to which not only the shape of a product, but also Chanel’s reputation and the association customers might make between the bottles, could receive trademark protection in its own right.

The reported decision indicates that the EUIPO accepted Chanel’s evidence of genuine use and reputation in France. The evidence reportedly included promotional material, commercial records, press coverage and a consumer survey. The published account states that 72 percent of 2,438 women surveyed associated an unbranded image of the bottle with Chanel.

The legal framework: reputation beyond confusion

The Office reportedly found only a low degree of visual and conceptual similarity between the designs, but nevertheless this is enough for consumers to establish a mental connection between them and that the later design would benefit unfairly from Chanel’s reputation.

The EUIPO upheld the opposition under Article 8(5) of Regulation (EU) 2017/1001, providing that an EU trademark application can be blocked if it is identical or similar to an earlier registered mark with a reputation, provided that use without due cause would take unfair advantage of or cause detriment to that earlier mark’s distinctive character or reputation, therefore rejecting Chaos Perfumes’ application.

The reported Chanel No. 5 dispute highlights a significant issue in contemporary fashion and beauty law. The extent to which trademark protection can extend from a product’s name to its physical appearance. Article 8(5)’s application to a perfume bottle demonstrates the potential value of three-dimensional trademarks where a product’s packaging has acquired independent recognition.

However, it can be argued that even if Chanel’s No. 5 bottle is well known, or that another bottle looks similar, that alone is not enough to prove a legal violation. Instead, it must be proven that the legal requirements for protecting a trademark with a reputation have been met.

The broader lesson is that trademark law must balance protecting famous luxury brands with allowing fair competition. Accordingly, trademark law should strike a fair balance: it should prevent businesses from unfairly exploiting a luxury brand’s reputation, but it should not give that brand excessive control over ordinary product designs.

Author: Celin Manuelian

Celin Manuelian is a Law Graduate, with a particular interest in Intellectual Property Law. Through her writing, she aims to explore this field and pursue a career in Fashion Law.