Brand identity matters in the fashion industry for the success of fashion brands, including clothing lines and other brands. After all, your brand is who you are and what you have to offer your customers. Thus, your brand becomes just as significant as quality and style.
One of the most important things you can do is register and protect your clothing brand with a trademark. Apply for available copyrights, design patents, and trademarks to safeguard your brand and your fashion designs.
Everything you need to successfully secure a trademark for your apparel brand will be covered in this guide, from filing your application to doing a trademark search and beyond. By the time it’s all over, you’ll have established legal protection for your brand and created avenues for growth into new markets.
Researching and Selecting The Right Trademark
Look into available options that complement your brand identity when selecting your clothing brand trademarking guide.
Verify whether your top picks are already registered with another company by looking through the USPTO database. If so, keep brainstorming. You want something unique that won’t confuse customers or infringe on another brand’s trademark.
Think about your target customers and brand personality. Come up with a short list of possibilities that capture the essence of your brand. In the few steps to starting a clothing line, consider a symbol, logo, or catchy word or phrase. Trademarks that are visually striking or memorable have more impact.
Once you have a few options, quickly see which ones are recommended on other websites or social media platforms. Even if a name is already well-known and unsafe under a patent, you should still avoid using it.
Narrow down your list to your top 3–5 favorites and consider combining a word with a logo or symbol to create a unique brand identifier. Get feedback from others to determine which choice is most distinctive and appealing.
You can identify a trademark that best suits your brand and grants you the sole right to use it to identify your products and services if you put some thought and research into it upfront. Make the effort to locate a trademark that will serve you well for many years to come. The ideal trademark may be your brand’s greatest asset.
Obtaining a Trademark Registration From The USPTO
You must apply to the USPTO (United States Patent and Trademark Office) to formally register a trademark for your apparel business. This involves several legal steps to trademark a fashion label:
- Conduct a trademark search to ensure your brand name is available. The last thing you want is to complete the entire procedure only to discover that the name has already been taken! Do some Google searches and look through the USPTO database.
- Prepare your application. Gather details about your business and brand, like when you first started using the mark, examples of it in commerce, and a specimen showing how you use it. You’ll also need to classify your goods and services.
Application Filing
Once ready, you can file online, by mail, or through a trademark attorney. The USPTO fee is $275–$375 per class of goods or services. It typically takes 3-6 months for an examiner to review your trademark application for a clothing line.
- Respond to any objections. The examiner may issue an “office action” if they need more information or have concerns. You’ll have six months to respond and amend the application. Don’t panic—the majority of trademarks are approved after the initial office action response!
- Your trademark is published for opposition. If no one opposes it within 30 days, your mark is registered! You’ll receive an official registration certificate in the mail. Congratulations! Your brand is now a legally protected trademark.
Registering with the USPTO establishes your exclusive right to use the trademark nationwide. It deters others from using similar marks and allows you to take action against infringers. A step to register a trademark for fashion products can last indefinitely if you continue using it and renew it every 10 years.
Using Your Trademark Symbol Properly
Now that you have a trademark registered with the USPTO, it’s important to use it properly. This helps establish your brand and provides legal protection.
Using The Trademark Symbol
When using your trademark in text, place the proper symbol (TM for unregistered marks or registered marks) in superscript after the first use of the mark. For example, YourBrandTM clothing is designed for adventurous souls.
On product tags, packaging, advertising, and promotional materials, place the trademark symbol in superscript in the upper right corner of the mark. This alerts customers and competitors that you claim ownership of the brand name or logo.
Enforcing Your Trademark Rights
Monitor the marketplace and your competitors for similar brands or logos that could be confused with your own. Issue cease-and-desist letters to infringers as needed. You must actively police your mark to maintain your rights.
Renewing Your Trademark
Trademark registrations last for 10 years and then must be renewed to remain valid. The USPTO will send you a renewal notice approximately 6 months before your registration expires. File the necessary renewal application on time to avoid losing your rights to the mark.
Keeping good records of your trademark use over time will help prove how you have continuously used the mark in commerce, which is required for both renewal and enforcement. Be diligent in properly using and protecting your trademark; it’s a valuable brand asset worth safeguarding.
Enforcing Your Clothing Brand Trademark
Once you have your clothing brand trademark registered, you need to enforce it to actively maintain your rights for the clothing manufacturing process. This means taking action against any unauthorized uses of your mark that could cause consumer confusion or dilute your brand.
Monitor For Infringement.
Regularly search online for any unauthorized uses of your trademark on websites selling similar goods or services. Additionally, watch out for applications of marks that resemble yours confusingly. Any use that could lead to consumers becoming misinformed, duped, or confused needs to be taken care of.
Send Cease-Letters
When you discover an infringing use, promptly send a cease-and-desist letter to the infringing party. Be polite but firm, explaining that you have rights to the mark and that the unauthorized use violates your trademark. Request that they immediately stop using the mark and any similar marks.
Be Prepared to Take Further Action.
You might need to escalate the matter if the infringing party does not comply with your request. To get damages and put an end to the infringement, you can sue. You may also file a complaint with the trademark office to cancel the infringing registration.
Failure to take action against known infringement can be seen as a lack of enforcement of your rights and may weaken your claim to the mark.
Staying vigilant about monitoring and enforcing your trademark rights is crucial to building brand equity and maintaining ownership of your brand identity. Consistently defending your trademark will help ensure no other company can benefit from or damage the reputation of your brand.
Renewing and Maintaining Your Trademark Registration
You must periodically renew your trademark registration to keep it in effect. To prevent cancellation, trademark registrations must be renewed six months before their ten-year expiration date.
Renewing Your Trademark
Around 5–6 months before your trademark is set to expire, you’ll receive a courtesy renewal notice from the USPTO. To renew, you must file a Declaration of Use (or Excusable Nonuse) along with the required renewal fee payment. The renewal fee is typically $400–$500 per class of goods or services.
If anything about your mark has changed, like the logo design or list of goods and services, you must also submit a Change of Ownership or Amendment form with your renewal. Failing to do so could jeopardize your rights to the mark.
Once the USPTO processes your renewal, they’ll issue you a Certificate of Renewal to confirm your trademark registration has been extended for another 10-year term. Your trademark information will also be updated in the Trademark Status and Document Retrieval (TSDR) database.
Maintaining Your Trademark Rights
To maintain exclusive rights to your trademark, you must continue using it in commerce. If you go five years without using your mark, it can become vulnerable to cancellation for abandonment. You should also monitor the trademark register to ensure no one registers a similar mark that could cause confusion. Taking action to oppose potential infringers will help strengthen your rights.
Keeping up with renewal deadlines and maintaining proper use of your trademark is key to preserving your brand identity and avoiding loss of rights. With ongoing diligence, you can keep your trademark registered indefinitely.
How Much Does it Cost to Trademark a Clothing Brand?
Protecting your clothing brand name and logo requires filing for a trademark, which is an expense. In the United States, the standard trademark filing fees for each class of goods or services range from $225 to $375. Since clothing falls under Class 25, you can expect to pay within this range.
The specific fees for a trademark application include:
- A filing fee of $275 per class of goods or services. For a clothing brand, you will only need Class 25.
- $50 is required as an application fee.
- To finish the process faster than three months, pay more.
Payment of a $100 issue fee and a $150 publication fee is required as soon as the USPTO reviews your application and decides your mark is eligible for registration. Between $500 and $3000 is the approximate total cost to fully register a trademark for a clothing brand in the typical three- to six-month timeframe.
Every ten years, you must pay renewal fees to keep your registration active; however, these trademark fees for clothing brands are usually less than the initial registration cost.
A serious fashion label should invest in federal trademark registration because it offers significant legal rights and brand identity protection through trademarking, even though the costs of trademarking your fashion line’s brand name and logo may seem high. Protecting your clothing brand’s intellectual property rights and officially establishing ownership of your brand name and logo will give you peace of mind as your business grows.
Can a Clothing Brand Be Trademarked?
Yes, clothing brands can be trademarked. Having a trademark prevents rivals from using or copying your company name, logo, and other brand assets. To formally establish your brand and prevent infringement, it makes sense to have an apparel brand trademark registration.
You must apply to the USPTO (United States Patent and Trademark Office) to be a trademark attorney for clothing brands. Additionally, you must indicate which brand elements—such as logos or other elements—you wish to keep private.
The USPTO will examine your application after it is filed to ascertain whether your brand is eligible for trademark registration. Your trademark will be formally registered in the USPTO database if it is accepted. Registering a trademark for your clothing brand provides several benefits:
- It gives you exclusive rights to your brand name and assets. No one else can use a confusingly similar name or logo that could mislead customers.
- You can file a lawsuit for infringement with it. If your competitors are imitating your brand, you have the option of suing them or sending cease-and-desist letters.
- It enhances your brand’s credibility and value. A registered trademark signifies that your brand is distinctive and legally protected.
- It deters competitors from copying your brand. Knowing a brand is trademarked, most businesses will avoid using a similar name or logo to prevent potential legal issues.
- It provides notice to the public that your brand name is taken. By conducting a trademark search, you ensure your desired name is available and avoid investing in a brand that could be challenged.
So, yes, clothing brands can and should pursue federal trademark registration. Gaining control over how your brand is used in the marketplace and establishing brand equity are two benefits of registering trademark strategies for fashion businesses.
How Do You Legally Trademark a Brand?
You must file for registration of your How to Trademark a Clothing Brand with the USPTO to formally trademark it.
Submit a Trademark Application.
First, you have to register a trademark with the USPTO. Applying is necessary and it needs to contain:
- Your brand name
- A description of the goods and services associated with your brand
- A specimen showing how you use the trademark in commerce (e.g., tag, logo, packaging design)
The USPTO will review your application to determine if your proposed trademark is distinctive and unique. If approved, your trademark will be published in the Official Gazette. Others then have 30 days to oppose the trademark. If there is no opposition, your trademark will be officially registered.
Conduct a Trademark Search.
Before applying, do a quick search of existing trademarks to ensure yours will be approved. You can search the USPTO’s online trademark database, called the Trademark Electronic Search System (TESS). Look for identical or confusingly similar brands. The more distinctive your name and logo, the better.
Use Your Trademark Properly.
Following registration, you must refer to your trademark as an adjective and then the generic name of the product (e.g., “ABC brand t-shirts”).
Renew Your Trademark.
A trademark registration can be renewed indefinitely as long as the brand is used, but it is only valid for ten years. To keep your trademark rights after they expire, you must apply to the USPTO no later than six months beforehand for a renewal.
Following the above steps carefully will ensure you establish strong legal requirements for trademarking a clothing brand.
Conclusion
Now you know the essential steps to starting a clothing line trademark. While the clothing brand trademark process can seem complicated, by breaking it down into manageable parts, you’ve got this: Starting with research to ensure your brand name and logo are unique, conducting a professional trademark search gives you the confidence to move forward. Filing the necessary paperwork, submitting your application, and waiting for approval will require patience, but staying organized and on top of deadlines will help the time pass quickly. Once approved. You’ll have the legal protection and recognition your brand deserves.
