As a fashion designer, you are an artist.  But as the owner of a Clothing Brand, you’re an entrepreneur.  And, as any entrepreneur will tell you, it takes time, skill, bravery, and some luck to succeed.  You’ll need to put hours and hours into designing, creating, and branding your products. You’ll also need to protect that investment from copycats that imitate your products and steal away customers.

But how do you safeguard your clothing brand and all of the hard work that went into it? How do you protect a Clothing Brand?

That’s where trademarks come in.

In this article, we will explore 5 important considerations about trademarking a Clothing Brand by answering several of the most often asked – and important – questions about how to trademark a Clothing Brand, including:

• Why should you trademark your Clothing Brand trademarks?

• What parts of your Clothing Brand should you trademark?

• What types of names can you trademark for a Clothing Brand?

• When should you trademark your Clothing Brand?

• Should you work with a trademark attorney to trademark your Clothing Brand?

Why should you trademark your Clothing Brand trademarks?

Trademarks protect a clothing company’s identity, and the goodwill that it has built up because you’ve delivered quality products under its brand. That is what makes brand identity so important in the clothing business.

The trademarks that represent your Clothing Brand are valuable in many ways.  For example, trademarking your brand is a powerful way to identify and distinguish it from the competition, which:

• • makes it easier and less expensive to identify your clothing products

• • lowers the cost of marketing

• • establishes your brand identity

Additionally, protecting a trademark keeps it strong, and strong trademarks:

• • deter copycats, imitators, and counterfeiters, which protects your hard work and creativity

• • protect the reputation and goodwill you’ll build in your brand

• • encourage your customers to pay a premium for your products because they are confident that they are buying your genuine products

• • prevent competitors from trademarking a similar name, logo, or phrase

The clothing business is competitive.  Without strong trademarks, you risk confused customers buying garments from another company. You’ll lose sales, and other businesses will benefit from the goodwill you’ve built.

If you want to protect your efforts and investments in the design, marketing, and sales of your garments, then you’ll want to trademark your Clothing Brand.

How do you protect trademarks for your Clothing Brand?

The best way to protect the trademarks for a Clothing Brand is to get Federal trademark registrations for them. Federally registered trademarks come with the strongest and most useful protections.

Why is trademark registration the best way to protect a Clothing Brand?

EVERY successful clothing label is based on at least one registered trademark. Why?  Because registered trademarks are powerful legal tools that protect brands, including Clothing Brands.

Registration is official confirmation that you own your brand. So, registering your Clothing Brand trademarks with the USPTO is the best insurance against ever having to rebrand. If you don’t register your trademarks, a competitor could, and THEY will own the exclusive right to use the brand nationally. You’ll have to rebrand or face expensive legal work.

Also, trademark registration comes with the exclusive right to use your name + logo + phrase. This means YOU are the only one who can use them to represent your brand and your registration blocks other clothing companies from registering any trademarks similar to yours.

If you don’t do this to your Clothing Brand trademarks, then anyone can use them. You won’t be able to stop competitors from using your brand.

What parts of your Clothing Brand should you trademark?

Almost every aspect of a brand, including a Clothing Brand, is eligible for trademarking. The most popular trademarks are names, logos, and phrases.  For Clothing Brands, examples of trademarks include:

• Logos (like the Chanel “Double C” symbol and Nike’s “Air Jordan Silhouette”)

• Names of clothing lines (Wrangler® jeans and Champion’s “Power Blend” hoodies)

• Names of designers (Calvin Klein® and Dior®)

• Company names (Abercrombie & Fitch® and Reebok®)

In most cases, it is a good idea to start by trademarking the name or logo that identifies your clothing line. 

If you market your clothing line under a name, consider trademarking the “plain text” version of the name.  For example, Coca-Cola is often presented in red script but has been trademarked as COCA-COLA (no color or script). This approach covers ALL colors and fonts – that’s broad and flexible protection.

If you market your clothing line with a logo, consider trademarking a black and white version of the logo instead of specific colors.  This approach covers all color combinations, which is far broader and more practical than trademarking the specific colors in your logo.

After the name and logo, consider any phrase that you use with your Clothing Brand. For example, Levi’s “Quality never goes out of style,” and Nike’s famous “Just Do It” are two phrases that are as effective as the company names themselves.  These are often overlooked valuable brand assets.

What types of names can you trademark for a Clothing Brand?

Clothing Brand names are as varied as the styles themselves.  Still, when it comes to trademarking Clothing Brand names, certain rules about trademarks apply.  The best trademarks, including Clothing Brand trademark, are

• • unlike anyone else’s,
  • do not just describe your garments, and
  • aren’t the names of entire types/classes/categories of clothing (i.e., generic).

When it comes to trademarks, the name of the game is to be unique. So, trademarks, including Clothing Brand names, need to be different from everyone else in the market. This is why it’s important to choose a unique name that can’t be confused with another clothing brand. If your name is not unique, your brand won’t stand out.

Also, your name should not be descriptive of your garments.  For example, terms like “strong,” “blue,” and “rugged” for blue jeans are descriptive because they convey aspects of the garment.

Relatedly, avoid generic terms like “jeans,” shirts, “childrenswear,” and “company.” These terms are generic because they describe entire types, categories, or classes of garments and do not reflect any brand. Consequently, the U.S. Patent and Trademark Office (USPTO) will not register them. 

Learn more about how to pick a strong trademark.

When should you trademark your Clothing Brand?

You should register Clothing Brand trademarks as soon as you have decided on a name, logo, or phrase, according to most authorities.  There are important reasons why. 

Firstly, if there are obstacles to registration, it is better to discover them early. In the U.S., Clothing Brand trademarks are reviewed by the U.S. Patent and Trademark Office (USPTO) to make sure that they meet all of the legal requirements for registration. One of the most important requirements is that a Clothing Brand trademark is not too similar to another registered trademark.  If the USPTO finds a registered trademark similar to yours, you may not be able to register the trademark for your Clothing Brand.

Secondly, it can take up to a year to complete the registration process and starting sooner means that you can avoid selling clothing under a trademark that does not have the protections that come with Federal trademark registration (or at least minimize the time you sell without them).  

How long does it take to register a Clothing Brand trademark?

The trademarking process timeline can vary depending on how quickly you are able to gather the information needed to apply to register your trademark, how complex the trademark is, and whether or not the trademark examiner finds issues that must be addressed.  Generally, however, the trademarking process can take about 10-12 months.

Registering trademarks, including Clothing Brand trademarks, isn’t quick.  It takes time to make it through all the stages of review. So, it’s important to get it right from the start.

Should I file my trademark application before or after I use my mark in commerce?

Many clothing brand owners struggle over whether to file their applications as soon as possible or wait until they begin selling garments. The truth is that there is no “right” answer to this question.  It is a judgment call.  That being said, waiting to file trademark applications for Clothing Brands has some risks.

The main benefit of waiting until after you start selling clothing is that you can submit evidence of use with your new application. The USPTO requires proof that you are using your trademarks on clothing, and that you are using them properly.  These requirements can be satisfied at the time of filing if you are selling clothing.     

But, what many clothing brand owners don’t know is every day of delay is a risk that someone else might apply to register a trademark that is similar to theirs.  If that happens, the USPTO may refuse to register their Clothing Brand trademarks.  Thousands of new applications are filed every day so waiting for a little as a few weeks can become a risk. 

So, most authorities agree that in most situations, it is safer to file new trademark applications early.

Should you work with a trademark attorney to trademark your Clothing Brand?

Yes. According to the Wall Street Journal, working with a trademark attorney improves your chances of approval by over 50%. Plus, you’ll be more likely to secure more protection and not overpay Official USPTO fees.

Here are just a few reasons why:

It’s a Federal legal proceeding

When you apply for a Federal trademark, you start a Federal legal proceeding – and it can get complex in a hurry. The many decisions you will need to make are interrelated, and some wrong choices can sink your application from the start – without you even knowing it. It is very easy to submit a fatally defective application and not know it.

80% of all applications face some initial refusal

The USPTO refuses most trademark applications, initially. This is because trademark applications are only approved after the USPTO determines that all of the many legal and procedural requirements are met. Trying to respond to the USPTO on your own fails more often than it succeeds.  Plus, it is very easy to make a problem much worse if you don’t know exactly what you are doing. That’s where an experienced trademark attorney really helps.

The USPTO will not give you legal advice

The U.S. Patent and Trademark Office (USPTO) will not answer your legal questions or give you legal advice. The USPTO forbids it. So, if you have a legal question, or face a legal rejection, you’ll be on your own, unless you have a trademark attorney. Worse, you will still be required to meet every rule and requirement, even if you don’t know or understand them. The USPTO cannot (and will not) give you a break. 

It’s easy to overpay non-refundable USPTO filing fees

Every trademark application requires a filing fee, which is calculated based on the number of “classes” of products and services in the application. These filing fees are not refundable and can amount to $1000 or more – depending on the products and services listed in your application. An experienced trademark attorney can make sure that you only pay for approved classes and that you avoid paying for those the Examiner rejects.

Also, while some companies try to make it seem simple, trademarking your Clothing Brand is actually complicated. The U.S. Patent and Trademark Office recommends that you hire an attorney who specializes in trademarks. While it may be tempting to trademark your Clothing Brand yourself, trademark registrations are complex and difficult for non-lawyers. Working with a trademark attorney can shorten the time it takes to register your Clothing Brand trademarks.