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