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NIKE Trademarks – A COMPLETE GUIDE

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Nike's Trademarks

By Michael Kondoudis, Trademark Attorney

This is our COMPLETE guide to Nike’s trademarks.   

If you want to learn about Nike’s trademarks, their histories, what products and services they protect, and Nike’s trademarking strategy then this guide is for you.

CONTENTS

> Introduction

> Nike and Its Trademarks

> Nike’s Famous Trademarks

> Nike’s Trademarking Strategy

1. Introduction

Nike is one of the most recognizable brands in the world. The company has been successful for many reasons, but one of the biggest is its masterful marketing and branding. In this blog post, we’ll take a look at Nike’s history as a brand and how it has used trademarks to become one of the most successful companies in the world.

 

Nike’s Beginnings

Nike was founded in 1964 as Blue Ribbon Sports by Bill Bowerman and Phil Knight. Bowerman was a running coach at the University of Oregon, and Knight was a former middle-distance runner who had recently graduated from Stanford Business School. The two men started selling running shoes out of the trunk of Knight’s car, and they eventually opened their first retail store in Santa Monica, California.

 

Iconic Branding

In 1971, the company decided to change its name to Nike, the Greek goddess of victory. The company also debuted its now-famous swoosh logo that same year. Since then, Nike has become known for its innovative marketing campaigns featuring top athletes like Michael Jordan, Tiger Woods, and Serena Williams.

 

Competition in the Athletic Footwear Industry

The athletic footwear industry is highly competitive. In addition to Nike, there are other major players like Adidas, Reebok, Puma, and Under Armour. To stay ahead of the competition, Nike continually innovates both its products and its marketing campaigns. For example, Nike was one of the first companies to sell athletic shoes online and was also an early adopter of digital marketing techniques like influencer marketing.

 

Nike’s Marketing Advantage

What separates Nike from its competitors? There are several factors that give Nike a competitive advantage in the marketplace. First, Nike has strong brand recognition worldwide. The company also has a long history of innovation that has helped it create groundbreaking products like Air Jordans and Flyknit technology. Additionally, Nike has a vast network of retailers selling its products around the globe. And lastly, Nike’s marketing campaigns are some of the best in the business—they’re creative, inspiring, and often controversial (in a good way).

2. Nike and Its Trademarks

What Is a Nike Trademark?

A Nike trademark is a trademark owned by Nike Inc., a world leader in footwear, apparel, and sports equipment. Nike trademarks represent the Nike brand. Companies like Nike use trademarks to identify their products and to keep their brands distinctive.  With trademarks, a company like Nike can stop competitors from marketing competing products using similar names, logos, and slogans.

When did Nike start filing trademark applications?

Nike first began filing trademark applications in 1971. Since then, Nike has filed almost 200 trademark applications.

How many trademarks does Nike have?

Nike currently owns almost 200 registered trademarks.

What does Nike trademark?

Nike trademarks the names, logos, and phrases that it uses to identify its products and to distinguish them from the competition. These trademarks protect Nike’s brand and help consumers find authentic Nike products. Some of Nike’s famous trademarks include:

  • The company name (NIKE)
  • Shoe names (AIR JORDAN)
  • Phrases (JUST DO IT)
  • Logos (the SWOOSH symbol)

3. Famous Nike Trademarks

Nike owns some of the most famous and valuable trademarks in the world. 

The “SWOOSH” Logo

Nike first began using its SWOOSH logo in June of 1971 and trademarked the world-famous logo in 1974. Since then, it has become synonymous with the Nike brand. Nike owns multiple trademark registrations for its SWOOSH logo and these registrations cover a variety of products, including: clothing, footwear, sports equipment, and even virtual goods and stores for the metaverse!

U.S. Trademark No. 977,190 for the SWOOSH Logo

Nike SWOOSH Logo

Is the Nike Swoosh trademarked?

Yes, the Nike Swoosh logo is trademarked. Nike trademarked the iconic swoosh logo in 1972 and currently owns several trademark registrations for it.

When was the Nike Swoosh logo trademarked?

Nike filed its first trademark application for the SWOOSH logo in January of 1972.  The application was granted by the U.S. Patent and Trademark Office on January 22, 1974, and it is now registered.

JUST DO IT

Nike first began using the phrase JUST DO IT in 1988 and trademarked this famous phrase in 1995. Since then, it has become synonymous with the Nike brand. Nike owns multiple trademark registrations for its JUST DO IT phrase and these registrations cover a variety of products, including: clothing, footwear, sports equipment, and even virtual goods and stores for the metaverse!

U.S. Trademark No. 1,875,307 for JUST DO IT

Nike JUST DO IT Trademark

Is the phrase JUST DO IT trademarked?

Yes, the phrase JUST DO IT is trademarked. Nike trademarked this distinctive phrase in 1995 and currently owns several trademark registrations for it.

 

When was JUST DO IT trademarked?

Nike filed its first trademark application for the phrase JUST DO IT in October of 1989.  The application was granted by the U.S. Patent and Trademark Office on January 24, 1995, and it is now registered.

AIR JORDAN

Nike first used its AIR JORDAN name for basketball shoes in 1984 and trademarked this famous brand in 1985. Since then, AIR JORDAN has become closely associated with Nike.  Nike owns several trademark registrations for the AIR JORDAN name covering many products, including: clothing, footwear, sports equipment, and even virtual goods and stores for the metaverse!

U.S. Trademark No. 1,370,283 for AIR JORDAN

AIR JORDAN TRADEMARK

Is the name AIR JORDAN trademarked?

Yes, the name AIR JORDAN is trademarked. Nike trademarked this iconic product name in 1995 and currently owns several trademark registrations for it.

 

When was AIR JORDAN trademarked?

Nike filed its first trademark application for the name AIR JORDAN in May of 1985.  The application was granted by the U.S. Patent and Trademark Office on November 12, 1985, and it is now registered.

The “JUMPMAN” Logo

One of Nike’s most famous trademarks is the “Jumpman” logo, a silhouette of former NBA player Michael Jordan. This logo is on every AIR JORDAN sneaker. Nike introduced its Jumpman logo in 1987 and trademarked it in 1989. The sneakers that bear Michael Jordan’s name and image have helped Nike become one of the leading sportswear brands in the world today.

U.S. Trademark No. 1,558,100

Nike Jumpman Logo

NIKELAND

In 2021 Nike began making preparations toward entering the metaverse. As part of those preparations, Nike filed a US trademark application for NIKELAND to protect the name for a variety of virtual products and services, including:

• Virtual goods, namely, computer programs featuring footwear, clothing, headwear, eyewear, bags, sports bags, backpacks, sports equipment, art, toys, and accessories 

• Providing an interactive website and computer application software for virtual reality game services

• Entertainment services, namely, providing on-line, non-downloadable virtual footwear, clothing, headwear, eyewear, bags, sports bags, backpacks, sports equipment, art, toys, accessories, digital animated and non-animated designs and characters, avatars, digital overlays, and skins for use in virtual environments; virtual reality and interactive game services provided online from a global computer network and through various wireless networks and electronic devices; entertainment services, namely, providing online non-downloadable game software and online video games; entertainment services, namely, providing virtual environments in which users can interact for recreational, leisure, or entertainment purposes; entertainment services, namely, providing an online environment featuring streaming of entertainment content and live streaming of entertainment events; entertainment services in the nature of organizing, arranging, and hosting virtual performances and social entertainment events

4. Nike’s Trademarking Strategy

Nike is one of the most successful companies in the world because of its rich history as a brand and its masterful marketing campaigns. 

Nike carefully cultivated and protected an expansive brand comprising a variety of trademarks. As the company moves its brands into the metaverse, it continues to strategically trademark its brand elements to prevent the competition from using them without permission. As a result, Nike has maintained control over its image, cementing its place as one of the top brands in the world.

Can You Trademark Clothing Design?

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Clothing designs are not eligible for trademark protection. But that doesn’t mean that you can’t use trademarks to protect your clothing brand. 

Can You Trademark Clothing Designs

By Michael Kondoudis, Clothing Trademark Attorney

This is our quick guide to trademarking clothing designs.  

> Can you trademark clothing design

> Why clothing designs are not trademarked

> What a clothing company can trademark

If you need to know whether you can trademark your fashion or clothing design, this guide is for you.

fashion-sketches-drawing-illustration-top-designers-christian-dior

Can I Trademark a Clothing Design?

No, you cannot trademark a clothing design because clothing designs are schematic instructions to make garments. Trademarks protect names, logos, and phrases used to identify the brands of garments. So, clothing designs are not trademarked.

Why Can’t I Trademark Clothing Design?

A trademark tells customers which products come from your business. A trademark identifies your garments and differentiates them from the competition. The most common trademarks are names, logos, and slogans because they can effectively identify companies, products, or services. 

Clothing designs are like assembly instructions for garments.  They do not tell customers which clothing products come from your company. Also, clothing designs do not individualize or differentiate your garments from the competition.  For these reasons, clothing designs are not eligible for trademark protection.

What Can a Clothing Company Trademark?

A clothing company can trademark those things that identify and differentiate its brand and clothing. 

If you are starting a clothing line, you’ll want to consider trademarking your clothing brand name, logo, and any slogan that you will use to identify your products. Trademarking your clothing brand name, logo, and slogan will prevent competitors from using them and give you exclusive rights to use them. Also, you will have the option to seek federal trademark registration for them as well.

puma_logo
adidas logo
nike-2-logo-black-and-white

Company Logos

Designers can also trademark their logos when they are used in branding. Designers can trademark their logos to differentiate their clothing from other clothing brands. This can help to protect the designer’s brand and ensure that other designers do not copy their logo. By registering a trademark, the designer can take legal action if another company attempts to sell garments with similar logos.

Trademarked designer logos include the HILFIGER flag, the DOLCE & GABBANA “G&B” and CHANNEL “double C’s.”

Designer Brand and Company Names

Designers can trademark their company names to prevent other businesses from using the same or similar name. This protects the designer’s brand and ensures that consumers can distinguish between products. Trademarking a company name also helps to build customer loyalty and create a stronger connection between the consumer and the designer.

Examples of trademarked brand names include FENDI, LACOSTE, and PRADA

So, if you want to avoid legal issues down the road, it is best to trademark your clothing line’s brand name and logo.  Read our quick guide to all of the reasons to register a trademark.

TAKE THE NEXT STEP

Ready to LEGALLY Own Your Trademark?

We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your trademark, we invite you to book a FREE brand protection strategy session with us here.

Can You Trademark Fashion Design?

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Fashion designs are not eligible for trademark protection. But that doesn’t mean that you can’t use trademarks to protect your fashion brand.

Trademark Fashion Design

     By Michael Kondoudis, Clothing Trademark Attorney

This is our quick guide to trademarking fashion designs.  

> Can you trademark fashion designs

> Why fashion designs are not trademarked

> What a fashion brand can trademark

> What a fashion designer can trademark

If you need to know whether you can trademark your fashion or clothing design, this guide is for you

Can I Trademark a Fashion Design?

No, you cannot trademark fashion design because fashion designs are guides/instructions to make garments. Trademarks protect names, logos, and phrases used to identify the brands of garments. Thus, fashion designs are not eligible for trademark protection.

Fashion_Design

Why Can’t I Trademark Fashion Design?

A trademark tells customers which products come from your business. A trademark identifies your garments and differentiates them from the competition. The most common trademarks are names, logos, and slogans because they can effectively identify companies, products, or services. 

Fashion designs are like assembly instructions for garments.  They do not tell customers which clothing products come from your company. Also, fashion designs do not individualize or differentiate your garments from the competition.  For these reasons, fashion designs are not eligible for trademark protection.

What Can a Fashion Brand Trademark?

A fashion brand can trademark those things that identify and differentiate its brand and clothing from the competition.  

If you are starting a fashion brand clothing, you’ll want to consider trademarking your fashion brand name, logo, and any slogan that you will use to identify your products. Trademarking your fashion brand name, logo, and slogan will prevent competitors from using them and give you exclusive rights to use them. Also, you will have the option to seek federal trademark registration for them as well.

What Can a Fashion Designer Trademark?

Fashion designers can trademark their names, their brand names, and their logos when they are used to brand clothing. You cannot trademark fashion designs, however, because designs are like assembly instructions for garments and instructions are not eligible for trademark protection. 

In the fashion industry, designers frequently rely on their names as their brands, and that makes them eligible for trademark protection. Names, including designer names, can be trademarked when the public has come to see that designer’s name as the source of the fashion products. 

Designer Names

Designers can trademark their names when they are used in branding. Trademarking a designer’s name allows the designer to control the use of their name and prevents others from profiting off of their hard work. By trademarking their name, designers can ensure that their products are easily recognizable, and consumers will know they are buying a product from a trusted source.

Trademarked designer names include BOSS, DIOR, VERSACE, and VERA WANG.

Designer Logos

Designers can also trademark their logos when they are used in branding. Designers can trademark their logos to differentiate their clothing from other clothing brands. This can help to protect the designer’s brand and ensure that other designers do not copy their logo. By registering a trademark, the designer can take legal action if another company attempts to sell garments with similar logos.

Trademarked designer logos include the HILFIGER flag, the DOLCE & GABBANA “G&B” and CHANNEL “double C’s.”

Designer Brand and Company Names

Designers can trademark their company names to prevent other businesses from using the same or similar name. This protects the designer’s brand and ensures that consumers can distinguish between products. Trademarking a company name also helps to build customer loyalty and create a stronger connection between the consumer and the designer.

Examples of trademarked brand names include FENDI, LACOSTE, and PRADA

So, if you want to avoid legal issues down the road, it is best to trademark your clothing line’s brand name and logo.  Read our quick guide to all of the reasons to register a trademark.

TAKE THE NEXT STEP

Ready to LEGALLY Own Your Trademark?

We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your trademark, we invite you to book a FREE brand protection strategy session with us here.

How to Trademark a Product Name: The ULTIMATE GUIDE

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How to Trademark a Product

     By Michael Kondoudis, Small Business Trademark Attorney

This is our ultimate guide to how to trademark a product name.

Most business owners and entrepreneurs know the importance of product names. But how do you legally protect the name of product? That’s where trademarks come in.

If you want to quickly:

  • Understand the basics of trademarking a product name
  • Learn why you need to trademark the name of your product 
  • Discover the advantages of trademarking product names
  • Identify risks of not trademarking a product name
  • How to trademark the name of your product
  • Figure out when to trademark your product name
  • Start a plan to legally protect your product name

Then this guide is for you. 

Let’s get started.

 

PART I: THE BASICS OF TRADEMARKS FOR PRODUCTS

In this section, we’ll go over the basics of trademarks and how they protect product names. 

The best way to legally protect the name of a product is to trademark it. Trademarks protect names, including the names of products. With a trademark, you can legally protect the name used to identify your product.  Trademarking your product name is official confirmation that you legally own it. Trademarking your product name will give you exclusive rights to use it and prevent others from using the same or similar name in your industry. Trademarking the name of your product is the best way to protect it.

 

 

What is a trademark? 

A trademark is a distinctive word, symbol, or phrase that identifies products from one enterprise and distinguishes them from products from the competition. Trademarks protect names, especially the names of products. Buyers use trademarks to pick among brands of products. 

 

 

Where do you get a trademark for your product name?

You get a product trademark from the U.S. Patent and Trademark Office (USPTO). To get a trademark for your product name, you need to apply to the USPTO and then navigate an examination process. Product trademarks are granted by the USPTO.

 

 

What kinds of product names can be trademarked?

The most common product trademarks are words (names), phrases, logos, and designs. Examples include abbreviations and unique names, like these: 

Big Mac
Ben+Jerry+Half+Baked

PART II: WHY YOU NEED TO TRADEMARK THE NAMES OF YOUR PRODUCTS

In this section, we’ll explore the reasons why trademarking product names is so important, the advantages of trademarking a product name, the risks of not  trademarking your product name.  

Product names, like all trademarks, represent brands. They help customers find the products that they like and distinguish them from the competition. After all, your product name is how most customers will identify and remember your products. That’s why trademarking a name, including trademarking a product name, is so important and why you want to ensure that your product name is protected.

Top Six Reasons to Trademark a Product Name

Trademarking is a powerful tool to stop unauthorized use of your product name by copycats. Here are the top six reasons why:

1. Exclusivity. Trademarking your product name gives you the exclusive right to use it. Typically, only one business can use a product name in an industry, and it is usually the one that trademarks the product name first.

2. Legal Ownership. When you trademark a product name, no one else in your industry can register it, take it from you, and force you to rebrand. Here again, typically only one business can own a product name in an industry, and it is usually the one that trademarks the product name first.

3. Distinctiveness. A trademark for the name of your product helps distinguish your product from others on the market, which means that buyer loyalty for your high-quality product flows to you.

4. Cost-Savings over time. Trademarking your product name comes with important legal rights and presumptions that make enforcing your ownership rights less expensive if someone else tries to use your product name without permission.

5. Deterrence. When you trademark your product name, you can use the ® symbol with it. This can deter would-be copycats from trying to use your product name and can help you enforce your rights if someone uses your product name without permission.

6. Value. Having a registered trademark for your product name can also make it easier to sell or license it because potential buyers or licensees will know that they can use the name without the risk of infringing on someone else’s rights.

These are important advantages that can help a forward-thinking business. 

 

Top Four Risks of Not Trademarking A Product Name

Choosing not to trademark a unique product name can have serious consequences. Here are the top four risks you face when you don’t trademark your product name.

1. Risk of a rebrand. If someone else trademarks your product name first, they’ll own the exclusive right to use it nationally. You’ll likely have to rebrand.

2. No exclusivity. Other businesses may use your product name and you won’t be able to stop them.  As a result, imitators can benefit from your product’s goodwill, and you name may become worthless if too many companies use your name.  

3. Lost sales due to confusion. Your business could suffer from a loss of revenue if customers confuse your product with one sold under a similar same.

4. Higher costs in the long run. You will likely have to spend more on monitoring and enforcing your product name trademark if it is not registered.

These are just some of the risks that you avoid when you trademark a product name.

Do you need help with your  trademark?

Talk to an Attorney Today

PART III: HOW  TO TRADEMARK A PRODUCT NAME

In this section, we’ll walk through the seven key steps to trademarking a product name.  

Trademarking a name, especially a product name, involves federal law and legal procedures.  Plus, every path to trademark registration is different.  Still, every successful trademark for a product name involves the same seven steps.

 Here are the seven essential steps to trademark a product name:

  1. Choose a Unique and Protectable Brand Name for Your Product
  2. Hire a Trademark Attorney for Your Product Name Trademark
  3. Perform a Trademark Search for the Name of Your Product
  4. Collect the Required Information and Develop Your Strategy
  5. Prepare and File a Trademark Application with the USPTO
  6. Navigate the Trademark Examination Process
  7. Use the ® Trademark Symbol with Your Trademarked Product Name

1. Choose a unique and protectable brand name for your product

The key to getting a federal trademark is to start with a unique and protectable name (i.e., one that is trademarkable). This name should be able to distinguish your product from other products on the market. It should also be easy for customers to remember and pronounce.

Beware: Trademarks are not created equal. There are different kinds, and some are more effective and easier to protect than others.

The best trademarks are distinctive and memorable. They are strong because they excel at reflecting brands.

Some trademarks, however, are weak because they only describe aspects of products or services. Others are legally unprotectable, meaning anyone can use them.

How do you select a product name that is unique and protectable? 

To ensure uniqueness, avoid names that are too similar to existing trademarks. (More about that in step #2)

To ensure protectability, the best option is to invent a word or phrase or get creative with spellings. (think: EXXON for oil or LYFT for ride-sharing). Another option, if you’re looking to trademark a product name, is to use words that are unrelated to your product. (think: Apple for computers or Amazon for online retail).

A third option if you’re looking to trademark a product name, is to brainstorm terms and phrases that suggest features, aspects, ingredients, or results of your product. (think: SNUGGLE for dryer sheets or IRISH SPRING for soap).

Lastly, if you’re looking to trademark a product name, try to avoid using descriptive or generic names or terms. These product names are difficult to trademark and tend not to be unique by their very nature. (think: “speedy” for delivery services or “sweet” for candy).

If you aren’t sure whether your mark is protectable (i.e., strong), you may be better off consulting an experienced trademark attorney.  In any event, knowing the kinds of trademarks is very important. Otherwise, you could be wasting your time and money.

2. Hire a trademark attorney for your product  trademark

Working with an experienced trademark attorney often makes the difference between success and failure when it comes to trademark registration. Studies of USPTO data show that applicants who work with a trademark attorney are 50% more likely to register their product names. That makes hiring a trademark attorney an excellent investment, regardless of whether you have previously trademarked a name or this is your first time going through the registration process to trademark a name.

Why?

Trademark attorneys are skilled in navigating the trademarking process, a federal legal proceeding involving an agency of the Federal government. Trademarking a product name is complex and requires a working knowledge of federal trademark law and the U.S. Patent and Trademark Office’s rules and regulations. Trademark lawyers understand the process, the pitfalls, and strategies that can help register your product name. Also, a trademark attorney can (1) help decide what to search for and (2) correctly interpret your search results. Trademarks do not need to be identical to conflict!

Every application starts a Federal legal proceeding involving countless U.S. Patent and Trademark Office rules and regulations. These rules and regulations impact EVERY aspect of a new Federal trademark application. And, you’ll be required to comply with them even if you don’t know or understand them.

Also, the application system uses trademark jargon and “terms of art,” which are words that have specific meanings only in the world of trademarks.

The USPTO recommends hiring a trademark attorney!

The U.S. Patent and Trademark Office recommends applicants work with trademark attorneys:

“we strongly encourage you to hire a U.S.-licensed attorney who specializes in trademark law to guide you throughout the application process.”

www.uspto.gov

USPTO_Warning

There are several reasons why the U.S. Patent and Trademark Office (USPTO) recommends hiring a private attorney. First, an attorney is familiar with the USPTO’s procedures and can ensure that the application is filed correctly. Second, an attorney can help search for existing trademarks to avoid potential conflicts. Third, if there are any objections to the application, an attorney can represent the applicant in proceedings before the USPTO.

Beware:  Not all trademark applications result in trademark registrations. The USPTO severely limits the changes you can make to an application after it is filed. So, mistakes during submission can quickly sink an application.

3. Perform a trademark search for the name of your product.

Before you can trademark your product name, you need to ensure that it’s not already been trademarked by another business. You can do this by conducting a trademark search for your brand name. This search will help you find out if any similar or identical trademarks are already registered.

This is a crucial step in the trademark registration process.

Why?

First, you want to make sure that your trademark is not already in use by someone else. Second, searching through existing trademarks can give you a better understanding of what is already out there and help you develop a more unique and original trademark for your business. Finally, if you do not search for similar trademarks before filing your application, you risk having your application denied or your trademark being declared invalid.

Additionally, if you have already started using your trademark in commerce, it is important to search to make sure that you are not infringing on someone else’s intellectual property. If you infringe, you could face legal action and be forced to stop using your trademark.

USPTO_TESS

THE USPTO’S TESS SYSTEM

The objective here is to ensure that your product name is not similar or easily confused with someone else’s mark. This, in turn, can help you avoid any potential legal issues down the road and help you to ensure that your trademark is protectable and unique.

Beware:  These searches aren’t as straightforward as inputting your product name and hitting search. Exact and similar trademarks used by other businesses are relevant to the Federal registration of your trademark. So, too, are misspellings, similar-sounding words and spellings, and foreign translations.

For all of these reasons (and others), it’s usually best to have an attorney run your trademark search.

4. Collect Information and Decide on a Trademarking Strategy

The preparation of a new trademark application begins by making some tactical decisions about the protection for which you will want to apply.

When you apply for a federal registration for your product name, you start a federal legal proceeding – and it can get complex in a hurry. The Federal trademarking process involves making dozens of legal decisions and judgment calls.  Plus, these decisions and judgment calls are interrelated, and some wrong choices can sink your application from the start – without you even knowing it.  So, the most successful applicants start the application process with a strategy.

For starters, you’ll need to decide:

  • what is the best format for your mark – is a composite mark better than standard characters? Will you need a “drawing”?;
  • which products/services you should include in your application and which ones should be excluded; and
  • what is the correct filing basis for their application?

If you don’t understand the legal consequences of each of these options, you’re very likely to get one or more of them wrong, which will impact your brand protection.

Also, every application must be filed in the name of the owner of the mark. The owner may be an individual, a corporation, a partnership, or an LLC. The right choice depends on several factors. If you get this wrong, you’ll need to refile the application and start again.

Further, you’ll also be required to swear to the truth of specific statements about the choices in your application. If you get any of them wrong, your application may be unenforceable.

These are just some of the reasons why DIY applications are 50% less likely to succeed at the USPTO.

5. File a Trademark Application for Your Product Name

After you’ve had a trademark search performed and are confident that your product name is available, the next step is to prepare and file a trademark application with the USPTO.

Note: You will need to verify your identity and have a USPTO.gov account. 

You will need to provide the USPTO with precise information, including:

  • The legal owner and user of the product name
  • The legal use basis for your trademark application
  • The products and services with which the product name is used (or will be used)
  • Proper legal evidence of your use of the product name (not every use qualifies)

Mistakes in this step are among the top reasons that the USPTO rejects trademark applications. Also, the USPTO severely limits changes to applications after they are filed. As a result, many mistakes cannot be corrected – even some spelling errors.

6. Navigate the application process at the USPTO

The USPTO will review your trademark application to make sure it meets all the requirements for registration. They will also examine your product name to determine if it is similar or could be confused with an existing trademark. This examination process can take several months, so it is important to ensure that there are no mistakes in your application.

Beware: The USPTO has, for many years, a perpetual backlog of applications. This means that it will be several months before a trademark examiner looks at your trademark and examines it. The current backlog is over six months, and the entire trademarking process takes about 12 months on average to complete.

Working with a trademark attorney can help ensure that your application is complete and correctly filed, to avoid further delays.  – mention strategic calls here

7. Use the ® Trademark Symbol with Your Trademarked Product Name

Using a trademark symbol is an important signal to consumers (and the competition) that your product name represents your brand.

There are three trademark symbols. They are:

  • the letters TM
  • the letters SM, and
  • the letter R in a circle — ®

The letters TM are a trademark symbol for unregistered trademarks (marks for products like shoes or computers).

The letters SM are a trademark symbol for unregistered service marks (marks for services like legal services).

The ® is a trademark symbol for Federal trademarks (trademarks or service marks registered with the U.S. Patent and Trademark Office). The ® trademark symbol is reserved for federal trademarks only – after you have a federal trademark registration.

Mcdonald's Logo

 Read more: Read our guide to trademark symbols here.

Do you need help with your  trademark?

Talk to an Attorney Today

PART IV: WHEN TO TRADEMARK A PRODUCT NAME

In this section, we’ll explore when you should trademark your product name.  Waiting too long can have serious consequences.   

Most authorities agree that in most situations, it is best to file new trademark applications early – even before a business begins selling or marketing a product.

Why?

Firstly, the trademarking process can more than 12 months in most cases. So, the sooner you start, the sooner you can legally own your product name. Plus, starting early will reduce the time your product in on the market without full trademark protection. 

Secondly, starting early maximizes the chances that you will own the trademark for your product name.  If a competitor files for the same or a similar name, the U.S Patent and Trademark Office may reject your trademarks.  Thousands of new applications are filed every day, so waiting for as little as a few weeks can become a risk. 

If you have a unique product name, you should file for a product trademark as soon as possible. Filing for your trademark is the easiest way to avoid costly legal battles over ownership of your product name.

So, the answers to the questions “when should I trademark my product name” or “when should I trademark the name of my product” are the same.  You should trademark a product name as soon as possible.

PART V: HOW TO PROTECT THE NAME OF A PRODUCT

Trademarks protect product names and are important.  But, trademarks are just part of the plan.  Here’s the rest. 

A unique product name is a valuable asset.  Think about it. There is something about CHICKEN MCNUGGETS, a CHEVY CORVETTE, or a SONY PS5, for example.  Product names matter.  Here’s how to protect them.

1. Register your product trademarks: Trademarking product names leads to legal ownership and brand security. Plus, a trademark owner is in a much better position to enforce trademark rights.

2. Consider subscribing to a trademark watch service: A trademark owner can’t monitor and track every infringing use. Trademark watch services allow the trademark owner to monitor relevant markets and Internet content for possible infringing activity. Consider designating outside counsel to review these reports as they come in. By working with a watch service, owners can be notified of infringing activity sooner rather than later and can take swift action as these issues arise.

3. Immediately notify infringers of infringing activity: When infringing activity is detected, brand owners should report this infringement to the infringer and the platform/outlet where the infringement took place. Many of these entities do not want to be liable for any contributory infringement, so they have mechanisms in place to remove infringing content once they become aware of it.

4. Use your trademarks correctly and with the correct trademark symbol: Using a trademark symbol conditions customers to recognize your brand names and logos and to start associating them with your business.  

Read more about trademark symbols here. 

PART VI: FAQS ABOUT TRADEMARKING PRODUCT NAMES

1. Can product names be trademarks?

Yes. Business names, product names, logos, and labels can all be trademarks. You acquire a trademark by using your mark in commerce—in other words, using it when you conduct your business. You should register your product name trademark with the U.S. Patent and Trademark Office (USPTO) for the most protection.

 

 

2. Does a trademark protect a product name?

Yes. A trademark typically protects brand names and logos used on goods and services. 

 

 

3. Do I copyright or trademark my brand name?

You trademark brand names, like the names of products. Copyright laws protect original artistic/creative work. Trademark laws protect items that distinguish or identify a particular business or its products or services from the competition.

 

 

4. How do I trademark a product name?

To trademark a product name, you’ll need to file a trademark application with the USPTO. The application will require you to provide information about your product, as well as the proposed mark. Once the application is filed, it will be reviewed by an examining attorney to ensure that it meets all the legal requirements for registration. If it does, the mark will be published in the Official Gazette, and anyone who believes they would be harmed by the registration of the mark will have an opportunity to file an opposition. If no one files an opposition, or if the opposition is unsuccessful, your mark will be registered and you’ll be able to use it to brand your product.

 

 

5. What are the benefits of trademarking a product name?

There are several benefits to trademarking a product name, including:

  1. It can help you establish and protect your brand identity.
  2. It can help you distinguish your products from those of your competitors.
  3. It can help you build customer loyalty and goodwill.
  4. It can give you legal recourse if someone else uses your product name without permission.
  5. It can help you avoid costly disputes down the road.

How to Trademark A Clothing Brand – 5 Things You Must Know

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Clothing Line

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.

How to Register Clothing Brand Name Trademarks – THE ULTIMATE GUIDE

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When it comes to clothing, registered brands matter.

Register clothing brand name

By Michael Kondoudis, Clothing Brand Trademark Attorney

In this post, I’ll show you EXACTLY how to register clothing brand name trademarks so that you can safeguard your clothing brand, maximize your clothing brand’s value, and protect yourself from infringement. 

In fact, this is the information that we use to register clothing brand name trademarks for our clients. 

Trademark Registration

So, if you want to learn how to register a clothing brand name (or logo), this new guide is for you.

CONTENTS

Part I: The Basics of Trademarks for Clothing Brands

Part II: All About Trademark Registration

Part III: How to Register Clothing Brand Name Trademarks 

 

This information applies equally to other kinds of fashion brands, including Jewelry Brands and Fashion Accessories.

Let’s get started!

Registering trademarks for clothing brands can be challenging, but it’s worth the effort. Brands matter in the clothing industry, and registering the trademarks that represent your Clothing Brand is the best way to protect it. That’s why anyone starting a new clothing line needs to understand the basics of trademarks and trademark registration.   

The process of registering trademarks for Clothing Brands (names, logos, and phrases) can get complicated. It’s a Federal legal proceeding that involves a Federal agency. Even most attorneys avoid them!   

But don’t worry!

This article will walk you through how to register clothing brand name trademarks so that you can safeguard your clothing label, maximize your clothing brand’s value, and protect yourself from infringement. Along the way, we’ll answer important questions, including:

This information applies equally to other kinds of fashion brands, including Jewelry Brands and Fashion Accessories.

Let’s get started!

1. THE BASICS OF TRADEMARKS FOR CLOTHING BRANDS

What is a Trademark?

A trademark is a badge of origin that identifies your garments and distinguishes them from the competition.  The most common trademarks are words (names), phrases, logos, and some designs.

The primary reason for trademarks is to  prevent consumer confusion by making sure that competitors can’t use your name, logo, or phrase to market their products.  

What is a Registered Trademark?

A Federal trademark is a supercharged trademark that has been certified by the U.S. government. It comes with enhanced legal protections such as the national legal right to use the mark. Plus, a registered trademark will prevent anyone else from registering anything similar for your industry.

What Does It Mean to Register a Trademark?

Trademark registration is the process of registering your trademarks with the U.S. Patent and Trademark Office in Washington DC.  Registered trademarks get more protections than unregistered marks and legal rights that extend nationwide. 

What Parts of a Clothing Brand Can be Registered as a Trademark?

Clothing brands, fashion lines, and designers all have trademarks. These are just a few examples of clothing brand trademarks that can be registered with the U.S. Patent and Trademark Office:

    • The name of your company is a trademark.
    • The logo you use to identify and promote your clothing garments is a trademark.
    • The name of your product, if it is distinctive, is a trademark.
    • The slogan that you use to promote your clothing brand is a trademark.
    • The name of your store is a trademark.
top-apparel-brands

Examples of What You Can You Register as a Clothing Brand Name

The most common clothing brand trademarks are:

    • Company Names: LULULEMON and PRADA
    • Product Names: 501 Jeans and AIR JORDAN
    • Store Names: URBAN OUTFITTERS and OLD NAVY
    • Designer Names: VERSACE and RALPH LAUREN
    • Slogans: “JUST DO IT” and “QUALITY NEVER GOES OUT OF STYLE”

In most cases, names and logos are the cornerstones of clothing brands.

2. ALL ABOUT TRADEMARK REGISTRATIONS FOR CLOTHING BRANDS

Who Should Register Their Clothing Brand Name Trademarks?

Anyone who is serious about building and protecting a distinctive clothing brand should register a clothing brand name and logo. 

Registering clothing brand names (or logos) can be challenging, but it’s worth the effort. Brands matter in the clothing industry, and registering the trademarks that represent your Clothing Brand is the best way to protect it. That’s why anyone starting a new clothing line needs to understand the basics of trademarks and trademark registration.   

Remember: People have relationships with brands, not products.  

Do Clothing Brands and Designers Need Trademarks?

Yes, clothing brands need trademarks. Whether you’re starting a new clothing line or opening a new clothing store,  you need to register your trademark with the United States Patent and Trademark Office (USPTO). You can ensure that your clothing brand name, logo, slogan, and brand stay yours with a trademark registration. Without a trademark registration, anyone can copy your clothing brand name and concept. These are just some of the reasons you need to register your clothing brand names and logos. 

Why You Should Register Clothing Brand Name Trademarks

You should register your clothing brand name because trademark registration it is the highest level of protection you can get for any trademark, including trademarks for clothing.

First, you should register a clothing brand name because it will confirm your legal ownership of it and how it is used. Both are essential to building a unique clothing brand.

Second, you should register a clothing brand name because it will help keep anyone else from using your name for their clothing line. This ensures that your clothing brand name remains distinctive. If someone else starts selling clothing with the same name as yours, they can steal sales from you.

Third, you should register a clothing brand name because it will prevent anyone else from registering it (or anything similar) for their clothing line. If someone else trademarks your clothing brand name, they will own it, and you will need to rebrand.

Fourth, you should register a clothing brand name because it will make it easier and less expensive to enforce your trademark rights against copycats. 

Fifth, you should register a clothing brand because it will confirm that your mark does not infringe on anyone else’s trademark. The U.S. Patent and Trademark Office investigates only registers clothing brand names that do not infringe. So, when you register your trademark, you get the peace of mind that you do not infringe anyone else’s trademarks.

Do You Have to Register a Clothing Brand Name Trademark?

No, you do not have to register a clothing brand name trademark, but there are many advantages to registering it. Plus, there are many risks if you do not register a clothing brand trademark. For example, if you don’t register your clothing brand trademark, you won’t have exclusive rights to it. Other clothing companies would be free to use your clothing brand trademarks for their clothing lines. Also, the cost of registering a clothing brand trademark is far less than the losses you might incur if you do not register. So, while you do not have to register a clothing brand trademark, registering is a good idea.

Do You Need to Register Your Clothing Brand Name?

Yes, you need to register your clothing brand name.  The best way to protect a Clothing Brand is to trademark the name, logo, and any phrase that you use to promote or identify your clothing and clothing line.  A trademark registration for your Clothing Brand is LEGAL confirmation that you own your brand.  No one can take it from you. Plus:

      • Registration protects your good name and reputation and prevents counterfeiting.
      • Registration increases the value of your Clothing Brand if you ever decide to sell it
      • Registration comes with the right to use your trademarks nationwide.  
      • Registration prevents registration of similar marks by competitors
      • Registration allows you to use the ® symbol

Registering your trademarks is the best way to ensure that you’ll never have to rebrand and that you’ll be able to stop imitations. Plus, you’ll prevent competitors from registering any marks even similar to yours. Simply put – trademarking your Clothing Brand is the best way to protect it.

How Long Does It Take to Register a Clothing Brand Name?

The process to register a clothing brand name takes over a year – typically 13-18 months. Remember, you’re working with the Federal Government!

When Should You Register Your Clothing Brand Name Trademark?

Most experts agree that you should register a clothing brand name as early as possible because the process takes over a year. So, the earlier you start, the sooner you’ll have confirmation that you own your brand and that it is protected. Plus, if you encounter any obstacles to registration, you will have more time to address them.

Also, you do not need to wait until you start using your clothing brand name as your trademark.  The U.S. Patent and Trademark Office will let you start trademarking a brand for clothing as soon as you decide to use it. In fact, about 50% of all trademark applicants take advantage of these provisions.

Starting early will help you:

    • Identify potential roadblocks early. The USPTO reviews every trademark application. The earlier you file, the faster you’ll receive word about possible conflicts with any registered trademarks or  other brand issues need to be addressed.
    • Discourage competitors from adopting similar trademarks. The USPTO adds every new application to the Federal trademark database, where it will be found in trademark searches. More importantly, from the very day your application is filed, it will start blocking your competitors’ applications for similar trademarks!
    • Start the clock towards “incontestability” of your clothing brand trademarks. After five years of use, your Federal trademarks can only be challenged in very limited ways, which makes your trademark protections even stronger. S

Where Do You Register Clothing Brand Name Trademarks?  

You register a clothing brand name by filing an application with the U.S. Patent and Trademark Office (USPTO). The USPTO accepts applications to register clothing brand names online via its Trademark Electronic Application System (TEAS).

USPTO_sign

3. HOW TO REGISTER CLOTHING BRAND NAME TRADEMARKS

How Do You Register a Clothing Brand Name?

You register a clothing brand name by applying to the U.S. Patent and Trademark Office (USPTO) and getting your application approved for registration. Trademarking a clothing brand name is a legal process that usually takes about 12 months. So, the sooner you start registering your clothing brand name, the better.

Here’s how to register a clothing brand name trademark:

1. Pick a unique clothing brand name and logo. Read more about how to pick a strong trademark here.

2. Check whether your clothing brand name and logo are available. Read more about how to search trademarks to find out if anyone else has registered or applied to register the name.

3. Collect the required information and decide on a trademarking strategy. Many strategic decisions go into a high-quality application.

4. Prepare and file your new application (correctly) with the U.S. Patent and Trademark Office (USPTO).

5. Work with the USPTO examiner and navigate the USPTO application review process.

6. Use your clothing brand name in commerce.

7. Use the correct trademark symbol with your game name and logo. Read more about trademark symbols here.

The USPTO will grant your application and add your trademark to the list of Federal (registered) trademarks IF your application meets all of the requirements of the Federal Trademark Statute. If the USPTO does not initially grant your application (which happens over 80% of the time), you would need to respond to the reasons for the rejection.

1.  Pick a unique name (and logo)

One of the most important factors in registering a clothing brand name is to start with a unique and protectable name (i.e., one that is trademarkable). This name should distinguish your garments, store, or clothing related services from other others on the market. It should also be easy for customers to remember and pronounce.

 

Beware: Trademarks are not created equal. There are different kinds, and some are more effective and easier to protect than others.

 

To ensure uniqueness, avoid names that are too similar to existing trademarks. (More about that in step #2)

 

To ensure protectability, the best option is to invent a word or phrase or get creative with spellings. Another option is to use words that are unrelated to your garments.

 

A third option if you’re looking to register a clothing brand name, is to brainstorm terms and phrases that suggest features, aspects, ingredients, or results of your garments.

 

Avoid using descriptive or generic names or terms. They are difficult to trademark and tend not to be unique by their very nature. (think: “warm” for a jacket or “light” for camping gear).

 

If you aren’t sure whether your mark is protectable (i.e., strong), you may be better off consulting an experienced trademark attorney. 

2.  A professional trademark search

The process begins with a comprehensive trademark search to find out if a competitor has already registered your trademark or a mark substantially similar, which may prevent you from registering your trademark.

Here, you can benefit from the help of an experienced trademark attorney. Trademarks are compared using a 12-factor legal test. Plus, search engines and basic trademark search tools (like the one provided by the United States Patent and Trademark Office) aren’t likely to turn up similar names, alternate spellings, and other instances that could cause the USPTO to reject your trademark application.

After your trademark search comes back all clear (i.e., no conflicts), you are ready to move to the second phase – preparing the application.  A lot of Internet resources say you can file your application yourself – and that’s true.  But, the savvy business person should stop and ask why they are taking that risk.

3. Collect Information and Decide on a Trademarking Strategy

The preparation of a new trademark application begins by making some tactical decisions about the protection for which you will want to apply.

When you apply for a federal registration for your product name, you start a federal legal proceeding – and it can get complex in a hurry. The Federal trademarking process involves making dozens of legal decisions and judgment calls.  Plus, these decisions and judgment calls are interrelated, and some wrong choices can sink your application from the start – without you even knowing it.  So, the most successful applicants start the application process with a strategy.

For starters, you’ll need to decide:

    • what is the best format for your mark – is a composite mark better than standard characters? Will you need a “drawing”?;
    • which products/services you should include in your application and which ones should be excluded; and
    • what is the correct filing basis for their application?

If you don’t understand the legal consequences of each of these options, you’re very likely to get one or more of them wrong, which will impact your brand protection.

Also, every application must be filed in the name of the owner of the mark. The owner may be an individual, a corporation, a partnership, or an LLC. The right choice depends on several factors. If you get this wrong, you’ll need to refile the application and start again.

Further, you’ll also be required to swear to the truth of specific statements about the choices in your application. If you get any of them wrong, your application may be unenforceable.

These are just some of the reasons why DIY applications are 50% less likely to succeed at the USPTO.

4. Preparing and filing a trademark application

After your searches have confirmed that your trademark is unique, it’s time to file your trademark application online through the Trademark Electronic Application System (TEAS).  If you want to learn more  about TEAS, we have a guide here.

USPTO Web Page

A trademark application is not a DIY project. It’s much more than just filling out online forms. That is the easiest part of the process. The Federal trademarking process involves making dozens of legal decisions and judgment calls – and you’re not likely to make all of the right choices.

If you file your trademark application yourself, you’ll probably make a mistake.  Most mistakes cannot be fixed. The USPTO’s rules are specific, unforgiving, and severely limit how you can change your application after it’s filed. So, it has to be right from the start.

Learn why working with an attorney can increase your chances of registration by 50%

Here are just a few of the strategic decisions that go into a trademark application for a clothing brand:

      • Who is the correct applicant?
      • Which filing basis is best for your application?
      • Should you claim specific color(s) or styles for your trademark (hint: you don’t always have to)?
      • How will you show your use of your trademark in a non-decorative/non-ornamental manner (more on that below)?

After your application is successfully submitted to the U.S. Patent and Trademark Office, you are ready to move onto the next phase – examination.

 

5. Navigating the examination process at the USPTO

After submitting the application, it is important to check the status every few months using the USPTO’s Trademark Status and Document Retrieval (TSDR) system using the serial number provided to you. Failing to do so might cause you to miss an important deadline.

Successfully navigating the examination phase comes down to monitoring your application and showing the U.S. Patent and Trademark Office that:

      • your application meets the technical rules and requirements
      • your trademark is not similar to anyone else’s so that your trademark is not “likely to be confused” with any other registered marks
      • your trademark is “distinctive”
      • you are correctly using your trademark to brand garments

Meeting the technical rules and requirements

Examination starts with the USPTO assigning a Trademark Examining Attorney to your application.  That Trademark Examining Attorney will first review your application to make sure that it meets all of the many rules and legal requirements. 

No similarity to other trademarks

The Examiner will search for similar existing registrations to determine if any are so close to your trademark that consumer confusion is likely to result.  Your trademark is not “likely to be confused” with the marks of other registrations or pending applications. This is one major reason why a professional trademark search before filing is so important.

Distinctiveness = Trademark Strength

Next, your trademark has to be able to indicate a brand.  Only “distinctive” trademarks are brand indicators.  The USPTO grades trademark distinctiveness on a sliding scale.   The more distinctive your trademark, the stronger it will be, and the easier it will be to register.

Read more about trademark distinctiveness here.

An experienced trademark attorney will be better than you at correctly judging the distinctiveness of your trademark and its eligibility for trademark protection.

 

6. Proper use in commerce

The USPTO requires that a trademark owner use their marks “in commerce” and as a brand before it will grant you a federal trademark registration.  But, the use of a trademark for clothing or jewelry is not always easy to sort out.

Here, it is important to understand that not every use of a name, logo, or slogan is “used as a trademark.” Too often, companies make the mistake of using a logo, for example, as ornamentation and not in a way that indicates a source of a garment.

The USPTO has specific guidelines for determining which uses of a trademark on clothing indicate a brand and which uses are just decorative or “ornamental.”

Which Trademark Classes Should You Register Clothing Brand Name In?

Most applications to register clothing brand name trademarks include classes 025 and 035. Some applications also include class 040.

The U.S. Patent and Trademark Office (“USPTO”) classifies clothing and apparel in Class 025, which is often abbreviated as “IC025.”

Trademark class 025 covers clothing, headwear, footwear, and apparel. If you have a clothing brand or fashion line, then you’ll want a class 025 trademark.

Additionally, the USPTO classifies retail stores and online retail stores in Class 035, which is often abbreviated as “IC035.”

Trademark class 035 covers advertising and business services.  If you are going to sell your clothing, apparel, headwear, or footwear through your own store, then you’ll want a class 035 trademark.

Still further, the USPTO classifies tailoring, alterations, and dressmaking in Class 040, which is often abbreviated as “IC040.”

Trademark class 040 mainly includes services not included in other classes.

 

What is an Acceptable Specimen of Use for a Clothing Brand or Clothing Line? 

Using trademarks on clothing is both technical and a bit complex. There are some general rules, however,  to ensure that you can show the USPTO proper usage of your trademark on clothing. Some examples are:

      • Including your trademark on a hangtag
      • Including your trademark on a hem tag inside of the collar
      • Adhering a sticker with the trademark to the garment 
      • Using packaging with the trademark on it

How Do You Check If a Clothing Brand Name is Already Registered?

Start with searching the U.S. Patent and Trademark Office’s (USPTO) trademark database to see if anyone else has registered a similar trademark in the hobby and games market.

To run a USPTO trademark search, use the USPTO TESS search engine available on the USPTO website at www.uspto.gov.

USPTO_TESS

Enter your trademark into the search field to search the USPTO’s trademark database.

Caution: The USPTO will reject your trademark application if there is a “likelihood of confusion” with another registered mark. So, it is a good idea to search for exact matches and for any trademarks that are close to yours using variations of your trademark (e.g., different spellings, abbreviations, and plurals). 

Beware:  These searches aren’t as straightforward as inputting your product name and hitting search. Exact and similar trademarks used by other businesses are relevant to the Federal registration of your trademark. So, too, are misspellings, similar-sounding words and spellings, and foreign translations.

For all of these reasons (and others), it’s usually best to have an attorney run your trademark search.

Do you need to hire an attorney to register a clothing brand name?

The short answer is no.  You are not required to hire an attorney to help you. The better answer is that you should strongly consider it because an experienced trademark attorney will make the process go faster and easier. Plus, you’ll get a better result. These, by the way, are the reasons the USPTO recommends you work with a trademark attorney.

Should You Hire a Trademark Attorney to Register Your Clothing Brand Name?

Working with an experienced trademark attorney often makes the difference between success and failure when it comes to trademark registration. Studies of USPTO data show that applicants who work with a trademark attorney are 50% more likely to register their product names. That makes hiring a trademark attorney an excellent investment, regardless of whether you have previously trademarked a name or this is your first time going through the registration process to trademark a name.

Why?

Trademark attorneys are skilled in navigating the trademarking process, a federal legal proceeding involving an agency of the Federal government. Trademarking a product name is complex and requires a working knowledge of federal trademark law and the U.S. Patent and Trademark Office’s rules and regulations. Trademark lawyers understand the process, the pitfalls, and strategies that can help register your product name. Also, a trademark attorney can (1) help decide what to search for and (2) correctly interpret your search results. Trademarks do not need to be identical to conflict!

Every application starts a Federal legal proceeding involving countless U.S. Patent and Trademark Office rules and regulations. These rules and regulations impact EVERY aspect of a new Federal trademark application. And, you’ll be required to comply with them even if you don’t know or understand them.

Also, the application system uses trademark jargon and “terms of art,” which are words that have specific meanings only in the world of trademarks.

 

The USPTO recommends hiring a trademark attorney!

The U.S. Patent and Trademark Office recommends applicants work with trademark attorneys:

“we strongly encourage you to hire a U.S.-licensed attorney who specializes in trademark law to guide you throughout the application process.”

www.uspto.gov

USPTO_Warning

There are several reasons why the U.S. Patent and Trademark Office (USPTO) recommends hiring a private attorney. First, an attorney is familiar with the USPTO’s procedures and can ensure that the application is filed correctly. Second, an attorney can help search for existing trademarks to avoid potential conflicts. Third, if there are any objections to the application, an attorney can represent the applicant in proceedings before the USPTO.

Beware:  Not all trademark applications result in trademark registrations. The USPTO severely limits the changes you can make to an application after it is filed. So, mistakes during submission can quickly sink an application.

How To Protect a Clothing Brand Name

A unique product name is a valuable asset.  Think about it. There is something about CHICKEN MCNUGGETS, a CHEVY CORVETTE, or a SONY PS5, for example.  Product names matter.  Here’s how to protect them.

1. Register your clothing brand name trademarks: Trademarking clothing brand names leads to legal ownership and brand security. Plus, a trademark owner is in a much better position to enforce trademark rights.

2. Consider subscribing to a trademark watch service: A trademark owner can’t monitor and track every infringing use. Trademark watch services allow the trademark owner to monitor relevant markets and Internet content for possible infringing activity. Consider designating outside counsel to review these reports as they come in. By working with a watch service, owners can be notified of infringing activity sooner rather than later and can take swift action as these issues arise.

3. Immediately notify infringers of infringing activity: When infringing activity is detected, brand owners should report this infringement to the infringer and the platform/outlet where the infringement took place. Many of these entities do not want to be liable for any contributory infringement, so they have mechanisms in place to remove infringing content once they become aware of it.

4. Use your trademarks correctly and with the correct trademark symbol: Using a trademark symbol conditions customers to recognize your brand names and logos and to start associating them with your clothing brand.  

Read more about trademark symbols here. 

TAKE THE NEXT STEP

Take the next step toward LEGALLY owning your  clothing brand?

We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your Clothing Brand, we invite you to book a FREE brand protection strategy session with us here.

How to Trademark a Clothing Brand – A COMPLETE GUIDE

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How_To_Trademark_A_Clothing_Brand_Michael_Kondoudis.jpg

By Michael Kondoudis, Clothing Trademark Attorney

This is our COMPLETE guide to trademarking a clothing brand.

In the fashion industry, brand identity matters. Brand identity is a key to success when it comes to fashion brands like clothing lines, jewelry brands, and fashion accessories.  After all, your brand is WHO you are and WHAT you deliver to your customers.  That makes your brand as important as style and quality.  

With so much riding on your Clothing Brand, you need to know how to protect it.  That’s where this guide comes in.

CONTENTS

PART I: Protecting a Clothing Brand

  • How do you protect a clothing brand

  • The six most important steps to protecting a clothing brand

  • How do you pick a strong trademark for your Clothing Brand?

  • Why should you register your Clothing Brand trademarks?

  • How do you register a trademark for a Clothing Brand?

PART II: Top Considerations for Trademarking a Clothing Brand

  • Why you should trademark your clothing brand

  • How trademarks protect clothing brands

  • When to trademark a clothing brand

PART III: All About Trademarks and Clothing

PART IV: Which Parts of Clothing Brand Can Be Trademarked

PART V: Frequently Asked Questions

I. PROTECTING A CLOTHING BRAND

How Do You Protect Your Clothing Brand?

You can protect your Clothing Brand by filing a trademark application with the United States Patent and Trademark Office (USPTO). Trademark registration comes with exclusive legal protections for your brand, including your brand name, logo, and catchphrase. Plus, when the USPTO registers your trademarks, you are your brand’s official, LEGAL owner. Trademark registration is the most direct way to protect a clothing brand.

Another way to protect your Clothing Brand is to make sure that you own the domain name for your brand. That will help ensure that your website ranks high in search results for your for your brand name and any phrase or slogan that you may use to market your clothing line.

 

THE 6 MOST IMPORTANT STEPS TO PROTECT ANY CLOTHING BRAND

→1 – Learn the basics of trademarks

→2 – Pick only strong and protectable trademarks 

→3 – Register your Clothing Brand trademarks

→4 – Use your trademarks correctly

→5 – Monitor your brand and fight infringements

→6 – Avoid common brand mistakes

 

Step 1 – Learn The Basics About Trademarks

Trademarks are the foundation of a brand, especially Clothing Brands. They are the reason why customers are willing to pay more for NIKE® shoes, LEVI’S® jeans, or even a KATE SPADE® handbag.

Fashion Brands

What is a trademark?

A trademark is a marketing tool used to represent your brand and distinguish your garments or clothing line from the competition. It is easy to know one brand’s dress shirts from another, for example, because of their trademarks. 

The most common types of trademarks are names, logos, and phrases.

 

What are some examples of trademarks for Clothing Brands?

Examples of trademarks for apparel include company names, designer names, logos, and phrases or slogans. For Clothing Brands, examples of trademarks include:

    • Company names (Old Navy®)
    • Names of the clothing line (Levi’s 501® Jeans)
    • Names of designers (Vera Wang®)
    • Symbols (Nike’s “Swoosh” logo)
    • Slogans (Nike’s “Just do it”)

   

Can a company own a trademark?

Yes, businesses (e.g., corporations, LLCs, s-corps), individuals (e.g., sole proprietors), non-profits, and charities can register their trademarks. 

 

How do trademarks help Clothing Brands?

Trademarks represent brands, including Clothing Brands.  So, when you protect a trademark, you are protecting the brand it represents.  Also, when you have a strong trademark for a Clothing Brand, you can build brand loyalty with customers who recognize your brand’s consistent value and quality.

 

What is the best way to protect trademarks for Clothing Brands?

The best way to protect a trademark for any fashion brand, including Clothing Brands, is to register it with the U.S. Patent and Trademark Office (or “USPTO” for short). Federal trademark registration is official confirmation that you own your brand.  Also, trademark registration comes with significant legal rights, including nationwide exclusivity of use, and a presumption that your trademark is valid. These rights keep your brand strong and unique.

Step 2 – Picking Strong and Protectable Trademarks for Your Clothing Brand

The best trademarks for any brand, including Clothing Brands, are unique and distinctive. Trademarks that are unique and distinctive are generally the strongest. 

 

Why is it important to pick strong trademarks for your Clothing Brand?

Strong trademarks offer more protection for your brand, are easier for your customers to recognize, and the U.S. Patent and Trademark Office is more likely to register them (more on that below).

Unique trademarks

When selecting the trademark(s) that will represent your Clothing Brand, it is important to choose a name that won’t be confused with an existing mark. In other words, try to be original. If your mark is similar to a competitor’s, you may be headed toward an expensive infringement dispute. Your Clothing Brand trademark must be unique with an original name, slogan, and logo to qualify for trademark protection.

Distinctive trademarks

It is advisable to avoid words, phrases, and logos that just describe aspects of your garments. These types of trademarks offer little protection, are not very effective in branding, and are difficult to register. To avoid descriptive marks, try not to incorporate your clothing’s function or qualities into your Clothing Brand trademarks. For example, a clothing line named “Comfy” may sound cute, but it won’t qualify for trademark protection because it’s a description, not an actual name.

 

How do you check to make sure that your Clothing Brand trademark is not similar to a competitor?

The best way to ensure that your trademark is unique is to do a trademark clearance search to see if a competitor has already registered your trademark or one that is similar, which may prevent you from registering your trademark.

A clearance search starts with a preliminary review of the USPTO’s trademark registration database via the Trademark Electronic Search System (TESS).

TESS

If that preliminary search does not identify any issues, then it’s time to move on to a professional search with a legal analysis of the potential effects that any registered trademarks might have on your Clothing Brand. 

Keep in mind that trademarks don’t have to match to conflict. Instead, they just have to be similar enough that confusion is likely, based on a matrix of legal factors, including similarities in the goods, channels of trade, appearances of the marks, and the meanings of the marks.  Also, keep in mind that searching involves design codes, filters, and strategies that make it a job for professionals. So, working with a trademark attorney can be particularly advantageous because they have access to powerful research tools and understand how to compare trademarks.

 

How do you pick distinctive trademarks for your Clothing Brand?

Use the same criteria that the U.S. Patent and Trademark Office uses! The USPTO places trademarks into one of the following four categories, from strongest to weakest:

Fanciful marks (best)

Fanciful marks are invented words. They are not found in a dictionary. Fanciful marks are most likely to qualify for trademark protection.

      • Examples of fanciful trademarks for clothing brands are DIOR, PRADA, ADIDAS
      • Examples of fanciful trademarks for jewelry brands are ROLEX, BULGARI, TACORI

Arbitrary marks  (very good)

Arbitrary marks are existing words that are found in a dictionary but have meanings that are “disconnected” from the products or services being trademarked. Arbitrary marks are less likely to be eligible for trademark than fanciful marks but still likely to qualify for trademark protection.

      • Examples of arbitrary trademarks for clothing brands are GAP, OLD NAVY, POLO, GUESS, UNDER ARMOUR, CONVERSE
      • Examples of arbitrary trademarks for jewelry brands are BLUE NILE, TIFFANY, PANDORA, FOSSIL, CHANEL, HARRY WINSTON 
      • Designer names are almost always arbitrary.  This includes TOMMY HILFIGER, LOUIS VUITTON, KATE SPADE, VERA WANG

Suggestive marks (good)

Suggestive marks are existing words found in a dictionary and have some connection with the products or services being trademarked.  Suggestive marks require “imagination, thought, or perception” to make the connection with the product or service. Suggestive marks may or may not be unique or “distinctive” enough to qualify for trademark protection.

      • Examples of suggestive marks for clothing brands are NIKE and WRANGLER
      • Examples of suggestive marks for clothing brands are TIMEX and RAY-BAN

Descriptive marks 

Descriptive marks are words and images that are “merely descriptive or deceptively misdescriptive” of the products or services listed in the application. Descriptive marks are tough to register. Examples include “soft” for pillows or “warm” for gloves.

Step 3 – Register Your Trademarks

Trademark registration is the best way to protect the trademarks that represent clothing brands. Registration confirms your ownership of your Clothing Brand trademarks, comes with important national legal rights, and prevents competitors from registering similar trademarks.  That makes trademark registration the best insurance against having rebrand.

 

How do you register a trademark for a Clothing Brand?

You register a Clothing Brand trademark by applying to the U.S. Patent and Trademark Office.

USPTO Web Page

The trademark registration process is a Federal legal proceeding that involves Federal law and Federal agency rules.  It can get very complex very quickly, which is why the USPTO recommends that you work with a trademark attorney. Still, the process for registering trademarks for a Clothing Brand has five stages:

(1) deciding which trademarks you want to protect;

(2) deciding which products you are going to sell under your trademarks

(3) preparing and submitting the application,

(4) navigating the application examination process at the United States Patent and Trademark Office (USPTO), and

(5) properly using your trademark on your garments.

Read our detailed guide to registering clothing trademarks here. 

 

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

The application process to register your Clothing Brand trademark can take between 8-12 months, in most cases. 

 

When should you trademark your Clothing Brand?

Most authorities agree that you should start the trademark registration process as early as possible. It can take close to a year, and the sooner you begin the process, the sooner you can confirm that your trademark is registrable. 

Plus, the USPTO will let you apply to register your Clothing Brand trademark before starting your business, and about 50% take advantage of these provisions. 

By starting early, you’ll:

    • Identify potential roadblocks earlier. The U.S. Patent and Trademark Office (USPTO) reviews every trademark application. The earlier you file, the faster you’ll receive word about possible conflicts with any registered trademarks or  other brand issues need to be addressed.
    • Discourage competitors from using similar trademarks. The USPTO adds every new application to the Federal trademark database, where it will be found in trademark searches. More importantly, from the very day your application is filed, it will start blocking your competitors’ applications for similar trademarks!
    • Start the clock towards “incontestability” of your Clothing Brand trademarks. After five years of use, your Federal trademarks can only be challenged in very limited ways, which makes your trademark protections even stronger.

Step 4 – Use Your Trademarks Correctly

It is essential to use your Clothing Brand trademarks correctly. Improper use can negate your trademark rights. Nonetheless, correct trademark use is one of the most overlooked aspects of protecting a Clothing Brand.

 

How to use a trademark on clothing

The best way to use a trademark on clothing is to put the mark on a neck tag, a price tag, or on the breast pocket of a garment. It is also acceptable to put your clothing trademark on packaging and on your website – if it is an online store.

Remember, trademarks represent brands.  So, your customers need to associate your trademarks with your clothing line, not as a design element or “decoration.”

The surest way to make sure your Clothing Brand trademarks are used to identify your brand is to place your name and logo, for example, inside of the garment on a neck tag. If you want to display your logo or brand name on the front of a garment, place small image of the trademark on the breast or breast pocket.to

Another standard option is to place your marks on a hangtag, price tag, label, and/or product packaging.

louis vuitton packaging

Also, it is important to use the correct trademark symbol with your Clothing Brand marks.  After you have registered your trademark (not just applied), you can use the ® symbol. If you have not yet filed, or while your application is pending, you should use the “TM” symbol.  Read more about trademark symbols here.

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Step 5 – Monitor Your Brand and Stop Infringements

After you have registered your Clothing Brand trademarks, you need to be ready to protect them – and your brand. You are responsible for detecting infringements and protecting your brand.


 

How do you protect your trademark registrations?

Protection of any registered trademark, including those for a clothing line, involves the same three strategies:

    •  Monitor for unauthorized uses of your trademarks (or anything similar)
    •  Enforce your trademark rights
    •  Renew your registration(s) at the 5th and 10th year anniversaries

Monitoring for unauthorized uses

Regularly research to see if any competitors are using your trademark (or anything similar). You should take note of any violation of your trademark rights.  

Enforcement

Federal trademarks, those registered by the USPTO) come with significant legal rights and exclusive remedies.  To keep them, however, you have to proactively ask competitors to stop infringements of your trademarks.  This is with a C&D letter.

Renewal

In the U.S., all trademark registrations have to be renewed every 10 years.  Also, every trademark owner is required to prove that the mark is still I use at the 5 year and 10 year anniversaries. 

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Step 6 – Avoid Common Trademark Mistakes

When trademarking your clothing line, be sure to avoid these common mistakes:

    • Relying on copyright law. Under U.S. copyright law, you automatically own the copyright to your designs, sketches, patterns, and other artwork. But, this protection does not extend to the trademarks for your clothing line. Trademarking and copyrighting are not the same thing.  Read more about the differences here.
    • Assuming domain name registration protects your brand. It is always important to secure your Clothing Brand’s domain name. But don’t assume that this provides you with any sort of protection for your Clothing Brand trademarks. Simply registering a domain name isn’t even considered “trademark use” and won’t establish your trademark rights.  
    • Assuming that a business registration protects your brand. Registering your business with the appropriate state and local authorities is important for some legal reasons, never assume this provides you with any protection for your Clothing Brand trademarks.
    • Using your trademark as decoration.  Proper trademark use is as a signal to customers that a garment comes from you. Displaying your trademark as a decorative feature is not proper use. It is better to reserve use of your Clothing Brand trademarks to tags and product packaging.

2. TOP CONSIDERATIONS FOR TRADEMARKING A CLOTHING BRAND

Why Should You Trademark Your Clothing Brand?

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.

How to Trademark a Clothing Brand

To trademark a clothing brand, you need to (1) perform a trademark search make sure no one else is using the name or logo you’ve chosen (2) file a trademark application with the U.S. Patent and Trademark Office (USPTO).

 The best way to make sure is to search the U.S. Patent and Trademark Office’s records and an Internet search. By searching the USPTO’s records and an Internet search, you can make sure that no one else is using the name or logo you’ve chosen for your clothing brand. If someone else has already trademarked the name or logo, you’ll need to create new ones or risk a trademark infringement claim. So, performing these trademark searches is important because it can help you avoid legal issues in the future.

After you’ve established that your clothing brand name and logo are unique, it’s time to submit an application to the USPTO.

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.

Should I File My Trademark Application Before or After I Start Using My Trademark?

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.

You Should 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.

3. ALL ABOUT TRADEMARK CLOTHING

What is Trademark Clothing?

Trademark clothing is clothing that is strongly associated with a designer’s name or fashion brand. Trademark clothing is associated with a name or brand by a clothing trademark. Clothing trademarks are words, names, logos, symbols, or pictures that identify and distinguish different brands of clothing. Clothing trademarks can help protect a clothing brand by ensuring that only one clothing company can use a particular name, logo, or design.

Why is Trademark Clothing Important?

Brand identity is the key to success in the clothing and fashion business. Trademark Clothing is the essence of brand identity. Customers pay more for brand name clothing and fashions. Clothing trademarks protect Trademark Clothing from knock-offs and distinguish clothing from different companies. Strong clothing trademarks also protect brand loyalty built by your creativity and consistent quality. These are just some reasons trademark clothing is important and why clothing companies and fashion designers need to protect their brands, names, slogans, and logos.

Top Four Reasons Trademark Clothing Is Important

  1. To protect your brand from being copied by other designers
  2. To ensure that customers know they’re buying authentic trademarked clothing
  3. To increase customer loyalty and create evangelists for your brand
  4. To generate revenue through licensing agreements

4. WHICH PARTS OF A CLOTHING BRAND CAN BE TRADEMARKED?

What Parts of Your Clothing Brand Can You Trademark?

Clothing trademarks indicate the source of clothing. That means that almost every aspect of a brand, including a Clothing Brand, is eligible for trademarking. For clothing brands, the most popular types of trademarks are names, logos, and phrases.  

 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.

 

Examples of Clothing Brand Trademarks

Examples of clothing 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®)

5. FREQUENTLY ASKED QUESTIONS

1. Do you need a trademark to start a clothing brand?

There is no legal or regulatory requirement to trademark a clothing brand. Also, Using a name, logo, or phrase establishes some limited common law trademark protections.  Those protections are limited, however, and far less than the protections and rights that come with Federal trademark registration. Read our guide to why you should register your trademarks.

2. Can you trademark a clothing design?

No, you cannot trademark clothing or fashion designs.  Clothing designs do not indicate source, so they are not eligible for trademark protection.  Read our quick guide to trademarks for fashion designs here.

3. Do you copyright or trademark a clothing line?

You trademark the name, logo, or phrase that you use to promote your clothing line. Copyrights protect artistic works and designs for clothing, whereas trademarks protect the name, logo, or slogan used to identify the brand of a clothing company. Read our guide about the differences between trademarks and copyrights and what they protect.

TAKE THE NEXT STEP

Ready to LEGALLY own your clothing brand?

We have a simple, 5 step process we use to help our clients secure their clothing brand trademarks. If you’re interested in protecting your clothing brand, we invite you to book a FREE brand protection strategy session with us here.

How to Trademark a Product Name: The ULTIMATE GUIDE

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If you are selling your own product, you need to know how and when to trademark your product name to make sure that you legally own it and no one can take it from you.

How to Trademark a Product

By Michael Kondoudis, Small Business Trademark Attorney

This is our ultimate guide to how to trademark a product name. 

Most business owners and entrepreneurs know the importance of product names. But how do you legally protect the name of a product? 

That’s where trademarks come in. In fact, this is some of the same information that we use to get trademarks for our clients.

CONTENTS

I. THE BASICS OF TRADEMARKS FOR PRODUCTS

II. WHY YOU NEED TO TRADEMARK THE NAMES OF PRODUCTS

III. HOW TO TRADEMARK A PRODUCT NAME

IV. WHEN TO TRADEMARK A PRODUCT NAME

V. HOW TO PROTECT A PRODUCT NAME

VI. SUMMARY OF TRADEMARKING PRODUCT NAMES

VII. FREQUENTLY ASKED QUESTIONS

1. THE BASICS OF TRADEMARKS FOR PRODUCTS

The best way to legally protect the name of a product is to trademark it. Trademarks protect names, including the names of products. With a trademark, you can legally protect the name used to identify your product.  Trademarking your product name is official confirmation that you legally own it. Trademarking your product name will give you exclusive rights to use it and prevent others from using the same or similar name in your industry. Trademarking the name of your product is the best way to protect it.

 

What is a trademark?

A trademark is a distinctive word, symbol, or phrase that identifies products from one enterprise and distinguishes them from products from the competition. Trademarks protect names, especially the names of products. Buyers use trademarks to pick among brands of products. 

 

Where do you get a trademark for your product name?

You get a product trademark from the U.S. Patent and Trademark Office (USPTO). To get a trademark for your product name, you need to apply to the USPTO and then navigate an examination process. Product trademarks are granted by the USPTO.

 

What kinds of product names can be trademarked?

The most common product trademarks are words (names), phrases, logos, and designs. Examples include abbreviations and unique names, like these: 

Big Mac
Ben+Jerry+Half+Baked

2. WHY YOU NEED TO TRADEMARK THE NAMES OF PRODUCTS

Product names, like all trademarks, represent brands. They help customers find the products that they like and distinguish them from the competition. After all, your product name is how most customers will identify and remember your products. That’s why trademarking a name, including trademarking a product name, is so important and why you want to ensure that your product name is protected.

 

Top Six Reasons to Trademark a Product Name

Trademarking is a powerful tool to stop unauthorized use of your product name by copycats. Here are the top six reasons to trademark a product name:

1. Exclusivity

2. Legal Ownership

3. Ensure Distinctiveness

4. Cost-Savings Over Time

5. Deterrence

6. Value

 1. Exclusivity. Trademarking your product name gives you the exclusive right to use it. Typically, only one business can use a product name in an industry, and it is usually the one that trademarks the product name first.

2. Legal Ownership. When you trademark a product name, no one else in your industry can register it, take it from you, and force you to rebrand. Here again, typically only one business can own a product name in an industry, and it is usually the one that trademarks the product name first.

3. Distinctiveness. A trademark for the name of your product helps distinguish your product from others on the market, which means that buyer loyalty for your high-quality product flows to you.

4. Cost-Savings over time. Trademarking your product name comes with important legal rights and presumptions that make enforcing your ownership rights less expensive if someone else tries to use your product name without permission.

5. Deterrence. When you trademark your product name, you can use the ® symbol with it. This can deter would-be copycats from trying to use your product name and can help you enforce your rights if someone uses your product name without permission.

6. Value. Having a registered trademark for your product name can also make it easier to sell or license it because potential buyers or licensees will know that they can use the name without the risk of infringing on someone else’s rights.

These are important advantages that can help a forward-thinking business. 

 

Top Four Risks of Not Trademarking A Product Name

Choosing not to trademark a unique product name can have serious consequences. Here are the top four risks you face when you don’t trademark your product name.

1. Risk of a rebrand. If someone else trademarks your product name first, they’ll own the exclusive right to use it nationally. You’ll likely have to rebrand.

2. No exclusivity. Other businesses may use your product name and you won’t be able to stop them.  As a result, imitators can benefit from your product’s goodwill, and you name may become worthless if too many companies use your name.  

3. Lost sales due to confusion. Your business could suffer from a loss of revenue if customers confuse your product with one sold under a similar same.

4. Higher costs in the long run. You will likely have to spend more on monitoring and enforcing your product name trademark if it is not registered.

These are just some of the risks that you avoid when you trademark a product name.

Do you need help with your trademark?

Talk to an Attorney Today

Should you trademark a product name?

Yes, you should register a trademark for the name of a product.  There are many benefits that come with trademarking a product name. It gives you exclusive rights to use that name or logo. This means that other businesses cannot use it with their products.  It will also prevent anyone else from registering a trademark for the name and taking it from you.  Trademarking your product name can also help you build brand recognition and credibility.

3. HOW TO TRADEMARK A PRODUCT NAME

Trademarking a name, especially a product name, involves federal law and legal procedures.  Plus, every path to trademark registration is different.  Still, every successful trademark for a product name involves the same seven steps.


 Seven steps for trademarking a product name

  1. Choose a Unique and Protectable Brand Name for Your Product
  2. Hire a Trademark Attorney for Your Product Name Trademark
  3. Perform a Trademark Search for the Name of Your Product
  4. Collect the Required Information and Develop Your Strategy
  5. Prepare and File a Trademark Application with the USPTO
  6. Navigate the Trademark Examination Process
  7. Use the ® Trademark Symbol with Your Trademarked Product Name

1. Choose a unique and protectable brand name for your product

The key to getting a federal trademark is to start with a unique and protectable name (i.e., one that is trademarkable). This name should be able to distinguish your product from other products on the market. It should also be easy for customers to remember and pronounce.

Beware: Trademarks are not created equal. There are different kinds, and some are more effective and easier to protect than others.

The best trademarks are distinctive and memorable. They are strong because they excel at reflecting brands.

Some trademarks, however, are weak because they only describe aspects of products or services. Others are legally unprotectable, meaning anyone can use them.

How do you select a product name that is unique and protectable? 

To ensure uniqueness, avoid names that are too similar to existing trademarks. (More about that in step #2)

To ensure protectability, the best option is to invent a word or phrase or get creative with spellings. (think: EXXON for oil or LYFT for ride-sharing). Another option, if you’re looking to trademark a product name, is to use words that are unrelated to your product. (think: Apple for computers or Amazon for online retail).

A third option if you’re looking to trademark a product name, is to brainstorm terms and phrases that suggest features, aspects, ingredients, or results of your product. (think: SNUGGLE for dryer sheets or IRISH SPRING for soap).

Lastly, if you’re looking to trademark a product name, try to avoid using descriptive or generic names or terms. These product names are difficult to trademark and tend not to be unique by their very nature. (think: “speedy” for delivery services or “sweet” for candy).

If you aren’t sure whether your mark is protectable (i.e., strong), you may be better off consulting an experienced trademark attorney.  In any event, knowing the kinds of trademarks is very important. Otherwise, you could be wasting your time and money.

2. Hire a trademark attorney for your product  trademark

Working with an experienced trademark attorney often makes the difference between success and failure when it comes to trademark registration. Studies of USPTO data show that applicants who work with a trademark attorney are 50% more likely to register their product names. That makes hiring a trademark attorney an excellent investment, regardless of whether you have previously trademarked a name or this is your first time going through the registration process to trademark a name.

Why?

Trademark attorneys are skilled in navigating the trademarking process, a federal legal proceeding involving an agency of the Federal government. Trademarking a product name is complex and requires a working knowledge of federal trademark law and the U.S. Patent and Trademark Office’s rules and regulations. Trademark lawyers understand the process, the pitfalls, and strategies that can help register your product name. Also, a trademark attorney can (1) help decide what to search for and (2) correctly interpret your search results. Trademarks do not need to be identical to conflict!

Every application starts a Federal legal proceeding involving countless U.S. Patent and Trademark Office rules and regulations. These rules and regulations impact EVERY aspect of a new Federal trademark application. And, you’ll be required to comply with them even if you don’t know or understand them.

Also, the application system uses trademark jargon and “terms of art,” which are words that have specific meanings only in the world of trademarks.

The USPTO recommends hiring a trademark attorney!

The U.S. Patent and Trademark Office recommends applicants work with trademark attorneys:

“we strongly encourage you to hire a U.S.-licensed attorney who specializes in trademark law to guide you throughout the application process.”

www.uspto.gov

USPTO_Warning

There are several reasons why the U.S. Patent and Trademark Office (USPTO) recommends hiring a private attorney. First, an attorney is familiar with the USPTO’s procedures and can ensure that the application is filed correctly. Second, an attorney can help search for existing trademarks to avoid potential conflicts. Third, if there are any objections to the application, an attorney can represent the applicant in proceedings before the USPTO.

Beware:  Not all trademark applications result in trademark registrations. The USPTO severely limits the changes you can make to an application after it is filed. So, mistakes during submission can quickly sink an application.

3. Perform a trademark search for the name of your product.

Before you can trademark your product name, you need to ensure that it’s not already been trademarked by another business. You can do this by conducting a trademark search for your brand name. This search will help you find out if any similar or identical trademarks are already registered.

This is a crucial step in the trademark registration process.

Why?

First, you want to make sure that your trademark is not already in use by someone else. Second, searching through existing trademarks can give you a better understanding of what is already out there and help you develop a more unique and original trademark for your business. Finally, if you do not search for similar trademarks before filing your application, you risk having your application denied or your trademark being declared invalid.

Additionally, if you have already started using your trademark in commerce, it is important to search to make sure that you are not infringing on someone else’s intellectual property. If you infringe, you could face legal action and be forced to stop using your trademark.

USPTO_TESS

THE USPTO’S TESS SYSTEM

The objective here is to ensure that your product name is not similar or easily confused with someone else’s mark. This, in turn, can help you avoid any potential legal issues down the road and help you to ensure that your trademark is protectable and unique.

Beware:  These searches aren’t as straightforward as inputting your product name and hitting search. Exact and similar trademarks used by other businesses are relevant to the Federal registration of your trademark. So, too, are misspellings, similar-sounding words and spellings, and foreign translations.

For all of these reasons (and others), it’s usually best to have an attorney run your trademark search.

4. Collect Information and Decide on a Trademarking Strategy

The preparation of a new trademark application begins by making some tactical decisions about the protection for which you will want to apply.

When you apply for a federal registration for your product name, you start a federal legal proceeding – and it can get complex in a hurry. The Federal trademarking process involves making dozens of legal decisions and judgment calls.  Plus, these decisions and judgment calls are interrelated, and some wrong choices can sink your application from the start – without you even knowing it.  So, the most successful applicants start the application process with a strategy.

For starters, you’ll need to decide:

  • what is the best format for your mark – is a composite mark better than standard characters? Will you need a “drawing”?;
  • which products/services you should include in your application and which ones should be excluded; and
  • what is the correct filing basis for their application?

If you don’t understand the legal consequences of each of these options, you’re very likely to get one or more of them wrong, which will impact your brand protection.

Also, every application must be filed in the name of the owner of the mark. The owner may be an individual, a corporation, a partnership, or an LLC. The right choice depends on several factors. If you get this wrong, you’ll need to refile the application and start again.

Further, you’ll also be required to swear to the truth of specific statements about the choices in your application. If you get any of them wrong, your application may be unenforceable.

These are just some of the reasons why DIY applications are 50% less likely to succeed at the USPTO.

5. File a Trademark Application for Your Product Name

After you’ve had a trademark search performed and are confident that your product name is available, the next step is to prepare and file a trademark application with the USPTO.

Note: You will need to verify your identity and have a USPTO.gov account. 

You will need to provide the USPTO with precise information, including:

  • The legal owner and user of the product name
  • The legal use basis for your trademark application
  • The products and services with which the product name is used (or will be used)
  • Proper legal evidence of your use of the product name (not every use qualifies)

Mistakes in this step are among the top reasons that the USPTO rejects trademark applications. Also, the USPTO severely limits changes to applications after they are filed. As a result, many mistakes cannot be corrected – even some spelling errors.

6. Navigate the application process at the USPTO

The USPTO will review your trademark application to make sure it meets all the requirements for registration. They will also examine your product name to determine if it is similar or could be confused with an existing trademark. This examination process can take several months, so it is important to ensure that there are no mistakes in your application.

Beware: The USPTO has, for many years, a perpetual backlog of applications. This means that it will be several months before a trademark examiner looks at your trademark and examines it. The current backlog is over six months, and the entire trademarking process takes about 12 months on average to complete.

Working with a trademark attorney can help ensure that your application is complete and correctly filed, to avoid further delays.  – mention strategic calls here

Do you need help with your trademark?

Talk to an Attorney Today

7. Use the ® Trademark Symbol with Your Trademarked Product Name

Using a trademark symbol is an important signal to consumers (and the competition) that your product name represents your brand.

There are three trademark symbols. They are:

  • the letters TM
  • the letters SM, and
  • the letter R in a circle — ®

The letters TM are a trademark symbol for unregistered trademarks (marks for products like shoes or computers).

The letters SM are a trademark symbol for unregistered service marks (marks for services like legal services).

The ® is a trademark symbol for Federal trademarks (trademarks or service marks registered with the U.S. Patent and Trademark Office). The ® trademark symbol is reserved for federal trademarks only – after you have a federal trademark registration.

Mcdonald's Logo

 Read more: Read our guide to trademark symbols here.

4. WHEN TO TRADEMARK A PRODUCT NAME

Most authorities agree that in most situations, it is best to file new trademark applications early – even before a business begins selling or marketing a product.

Why?

Firstly, the trademarking process can more than 12 months in most cases. So, the sooner you start, the sooner you can legally own your product name. Plus, starting early will reduce the time your product in on the market without full trademark protection. 

Secondly, starting early maximizes the chances that you will own the trademark for your product name.  If a competitor files for the same or a similar name, the U.S Patent and Trademark Office may reject your trademarks.  Thousands of new applications are filed every day, so waiting for as little as a few weeks can become a risk. 

If you have a unique product name, you should file for a product trademark as soon as possible. Filing for your trademark is the easiest way to avoid costly legal battles over ownership of your product name.

So, the answers to the questions “when should I trademark my product name” or “when should I trademark the name of my product” are the same.  You should trademark a product name as soon as possible.

5. HOW TO PROTECT A PRODUCT NAME

A unique product name is a valuable asset.  Think about it. There is something about CHICKEN MCNUGGETS, a CHEVY CORVETTE, or a SONY PS5, for example.  Product names matter.  Here’s how to protect them.

1. Register your product trademarks: Trademarking product names leads to legal ownership and brand security. Plus, a trademark owner is in a much better position to enforce trademark rights.

2. Consider subscribing to a trademark watch service: A trademark owner can’t monitor and track every infringing use. Trademark watch services allow the trademark owner to monitor relevant markets and Internet content for possible infringing activity. Consider designating outside counsel to review these reports as they come in. By working with a watch service, owners can be notified of infringing activity sooner rather than later and can take swift action as these issues arise.

3. Immediately notify infringers of infringing activity: When infringing activity is detected, brand owners should report this infringement to the infringer and the platform/outlet where the infringement took place. Many of these entities do not want to be liable for any contributory infringement, so they have mechanisms in place to remove infringing content once they become aware of it.

4. Use your trademarks correctly and with the correct trademark symbol: Using a trademark symbol conditions customers to recognize your brand names and logos and to start associating them with your business.  

Read more about trademark symbols here. 

6. SUMMARY OF TRADEMARKING PRODUCT NAMES

If someone else trademarks your product name first, they’ll own the exclusive right to use it nationally. You’ll likely have to rebrand. That’s why it’s important to protect your products with trademarks.

Here’s how to start the process to trademark your product name:

  1. Select a strong, protectable name.
  2. Check the availability of your product name as a trademark.
  3. Collect your information and decide on a strategy for your Federal trademark application.
  4. Prepare and file your new application (correctly).
  5. Start using the right trademark symbol with your product name.

 

Select a strong, protectable name.

The key to getting a Federal trademark is to first select a name that’s a strong trademark.

Trademarks are not created equally. There are different kinds, and some are more effective and easier to protect than others.

The best trademarks are distinctive and memorable. They are strong because they excel at reflecting brands.

Some trademarks, however, are weak because they only describe aspects of products or services. Others are legally unprotectable, meaning anyone can use them.

  1. Start by trying to include an invented word (Exxon®). If that does not work, then …
  2. Try to use a word that has no association with your products or services (Amazon®). If that does not work, then …
  3. Try words that allude to your products and services (Netflix®).
  4. Always try to avoid away from using only words that:
    • are generic for a product or service;
    • are often used in business or industry;
    • only describe characteristics and features; or
    • are already part of everyday speech.

If you don’t know whether your mark is arbitrary (strong) or descriptive (weaker), you may be better off consulting an experienced trademark attorney.  In any event, knowing the kinds of trademarks is very important. Otherwise, you could be wasting your time and money.

 

Check the availability with a trademark search for similar marks.

The next step is to determine if your product name has been trademarked by anyone else. This is because a lot of logos are already trademarked. So, you may want to run a trademark search of the Federal trademark database to find exact and close matches. It can also be useful to conduct Internet searches.

These searches aren’t as straightforward as inputting your product name and hitting search. Exact and similar trademarks used by other businesses are relevant to the Federal registration of your trademark. So, too, are misspellings, similar-sounding words and spellings, and foreign translations.

The objective here is to make sure that your product name is not similar or easily confused with someone else’s mark.

For all of these reasons, and others, it’s usually best to have an attorney run your trademark search.

 

Collect your information and decide on a strategy for your Federal trademark application.

Applying for a Federal trademark is more than just filling out online forms. That is the easiest part of the process.

The preparation of a new trademark application begins by making some tactical decisions about the protection for which you will want to apply.

When you apply for a Federal trademark, you start a Federal legal proceeding – and it can get complex in a hurry. The Federal trademarking process involves making dozens of legal decisions and judgment calls.  Plus, these decisions and judgment calls are interrelated, and some wrong choices can sink your application from the start – without you even knowing it.  So, the most successful applicants start the application process with a strategy.

For starters, you’ll need to decide:

  • what is the best format for your mark – is a composite mark better than standard characters? Will you need a “drawing”?;
  • which products/services you should include in your application and which ones should be excluded; and
  • what is the correct filing basis for their application?

If you don’t understand the legal consequences of each of these options, you’re very likely going to get one or more of them wrong, which will impact your brand protection.

Also, every application must be filed in the name of the owner of the mark. The owner may be an individual, a corporation, a partnership, or an LLC, for example. The right choice depends on several factors. If you get this wrong, you’ll need to refile the application and start again.

Further, you’ll also be required to swear to the truth of specific statements about the choices in your application. If you get any of them wrong, your application may be unenforceable.

These are just some of the reasons why DIY applications are 50% less likely to succeed at the USPTO.

 

Prepare and file your trademark application with the United States Patent and Trademark Office (correctly).

Every application starts a Federal legal proceeding, involving countless U.S. Patent and Trademark Office rules and regulations. These rules and regulations impact EVERY aspect of a new Federal trademark application. And, you’ll be required to comply with them even if you don’t know or understand them.

Also, the application system uses trademark jargon and “terms of art,” which are words that have specific meanings only in the world of trademarks.

Here, it is important to understand that not all applications result in registrations. The USPTO severely limits the types of changes you can make to an application after it is filed. So, mistakes during submission can easily sink an application.

Read More: Why you should consider using an experienced trademark attorney.

 

Start using your mark and use it with the right trademark symbol.

Using a trademark symbol is an important signal to consumers (and the competition) that your logo represents your brand.

There are three trademark symbols. They are:

  • the letters TM
  • the letters SM, and
  • the letter R in a circle — ®

The letters TM are a trademark symbol for unregistered trademarks (marks for products like shoes or computers).

The letters SM are a trademark symbol for unregistered service marks (marks for services such as legal services).

The ® is a trademark symbol for Federal trademarks (trademarks or service marks registered with the U.S. Patent and Trademark Office). The ® trademark symbol is reserved for Federal trademarks only – after you have a Federal trademark registration.

Read more: All about trademark symbols (in plain English)

7. FREQUENTLY ASKED QUESTIONS

1. Can product names be trademarks?

Yes. Business names, product names, logos, and labels can all be trademarks. You acquire a trademark by using your mark in commerce—in other words, using it when you conduct your business. You should register your product name trademark with the U.S. Patent and Trademark Office (USPTO) for the most protection.

 

2. Does a trademark protect a product name?

Yes. A trademark typically protects brand names and logos, including product names, when they are used on goods and with services. 

 

3.  Do you trademark or copyright a product name?

You trademark brand names, like the names of products. Copyright laws protect original artistic/creative work. Trademark laws protect items that distinguish or identify a particular business or its products or services from the competition.

 

4.  Does a trademark protect a product name?

Yes, a trademark protects a product name.  Trademarks protect brand names and logos, including the names of products. That is why you can trademark a product name. 

Trademark law protects a product name from being used by other businesses. This is to ensure that customers can easily differentiate between products and know which company created the product. If another business were to use the same product name, it could create confusion among customers and lead to them purchasing the wrong product.

 

5.  When should you trademark a product?

You should start the process to trademark a product as soon as possible after you form your DBA, LLC, or corporation.  The next best time to trademark a product name is as early as possible before you launch your product. By filing for a trademark well before launch, you can be certain that your product name is protected once you begin commercial sales. The worst time to start the trademark application is after launch because your product will be sold without full brand protection.

Ideally, the best time to think about trademarking a product is from the very beginning—ideally, when you’re choosing your business name and logo and forming your LLC, partnership, or corporation. The next best time is as soon as you decide on a product name or logo. You do not have to wait until you start selling your product! In general, it is a good idea to trademark a product before it goes on sale to the public, as this will give you the greatest level of protection against infringement.

If you are unsure of whether you should trademark your product, you can always consult with an experienced trademark attorney who can help you assess your situation and make the best decision for your business.

 

6. How do I trademark a product name?

To trademark a product name, you’ll need to file a trademark application with the USPTO. The application will require you to provide information about your product, as well as the proposed mark. Once the application is filed, it will be reviewed by an examining attorney to ensure that it meets all the legal requirements for registration. If it does, the mark will be published in the Official Gazette, and anyone who believes they would be harmed by the registration of the mark will have an opportunity to file an opposition. If no one files an opposition, or if the opposition is unsuccessful, your mark will be registered and you’ll be able to use it to brand your product.

 

7. What are the benefits of trademarking a product name?

There are several benefits to trademarking a product name, including:

  1. It can help you establish and protect your brand identity.
  2. It can help you distinguish your products from those of your competitors.
  3. It can help you build customer loyalty and goodwill.
  4. It can give you legal recourse if someone else uses your product name without permission.
  5. It can help you avoid costly disputes down the road.

TAKE THE NEXT STEP

The next step toward LEGALLY owning your product name?

We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your product name, we invite you to book a FREE brand protection strategy session with us here.

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