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.
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).
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.
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.
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.
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.
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
- To protect your brand from being copied by other designers
- To ensure that customers know they’re buying authentic trademarked clothing
- To increase customer loyalty and create evangelists for your brand
- 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.
For more than twenty years, Michael Kondoudis has been the go-to trademarking expert for businesses of all shapes and sizes. Michael is a USPTO-licensed trademark and patent attorney, educator, speaker, and author of the Amazon best-seller: Going From Business Owner to Brand Owner. He is also an authority trusted by national news media on major trademark stories.
Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).