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How to Use Trademark Symbols: The ULTIMATE Guide

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How to Use Trademark Symbols

This is my complete guide to how to use symbols for trademarks.

Over my 20+ years of practicing trademark law, misuse of trademark symbols is one of the most consistent trademark mistakes I’ve come across. I hope to change that.

In this all-new guide, you’ll learn:

• What the three trademark symbols TM, SM, ® mean

• Whether you are required to use a trademark symbol

• Where you put a trademark symbol

• When to use a trademark symbol with your mark

• Why it’s a good idea to use a trademark symbol

Plus, along the way, we’ll answer frequently asked questions (FAQs) about using trademark symbols.

So if you need to quickly learn how to use trademark symbols, read on – this guide is for you.

Let’s get started.

PART I: Basics of Trademark Symbols

• In this part, I’ll briefly discuss the basics of trademarks and review the three trademark symbols. 

• In parts II and III, we’ll cover how to use trademark symbols and where to put them. 

• But, for now, let’s review the basics of trademark symbols.

What is a trademark?

Trademarks are badges of origin.  They distinguish your products or services from the competition. They can take many forms, including names, phrases, symbols, and logos.   

Some of the most famous trademarks are:

    • GOOGLE®
    • Nike’s JUST DO IT®
    • the letters IBM®
    • the Apple Logo

 

What is a symbol for a trademark?

A symbol for a trademark (a trademark symbol) is a visual cue that the name, logo, phrase, or character next to it is a trademark. 

There are three trademark symbols in the US: Circle R (®), TM, and SM. These symbols provide “trademark notice” that identifies your trademark and that you claim rights in it.

The answer to the question “What is the proper trademark symbol?” depends on whether you are selling a good or a service and the status of a trademark application with the US Patent and Trademark Office.  Read about how to pick the right trademark symbol for your brand here.  

 

What do trademark symbols look like?

The three symbols are:

• the capital letter R, which is usually shown in a circle (®);

• the capital letters TM, which are usually shown in superscript (™); and

• the capital letters SM, which are usually shown in superscript (℠).

 

What do the trademark symbols mean?

The TM and SM symbols indicate that your trademark is not yet registered with the U.S. Patent and Trademark Office. In contrast, the ® symbol means that your trademark is registered. The ® is only for trademarks that have been federally registered with the U.S. government. This means that you have filed an application with the U.S. Patent and Trademark Office and have received a trademark registration certificate.

Let’s explore each of the symbols in more detail.

TM symbol meaning

TM stands for trademark. Trademarks are marks used with goods, such as cell phones, clothing, software, and juice. More specifically, the letters TM mean that a name, word, logo, or phrase is an unregistered trademark. If you are selling goods, you should use the TM trademark symbol to identify your unregistered trademark, including names, logos, and phrases.

Who can use the TM symbol? Any trademark owner may use the TM symbol at any time and even if the USPTO refuses an application to register the mark.

When can you use TM? The answer is: you can use the TM symbol immediately – as soon as you start using a trademark to brand a product. This means you can use the TM symbol the first time you use your trademark. You do not have to wait to use the TM symbol.

SM symbol meaning

SM stands for service mark. Service marks are marks used with services, such as legal, dental, restaurant, and entertainment services. More specifically, the letters SM mean that a name, word, logo, or phrase is an unregistered service mark.  If you are offering services, you should use the SM trademark symbol to identify your unregistered service mark, including names, logos, and phrases.

Western union logo

Who can use the SM symbol? Any trademark owner may use the TM symbol at any time and even if the USPTO refuses an application to register the mark.

When can you use TM? The answer is: you can use the SM symbol immediately – as soon as you start using a service mark to brand a product. This means you can use the SM symbol the first time you use your service mark. You do not have to wait to use the SM symbol.

® or “R” symbol meaning

® (or “R” in a circle) stands for registered trademark. Registered trademarks are enhanced trademarks that come with increased protections and rights. More specifically, the registered trademark symbol means that a name, word, logo, or phrase has been registered with the US Patent and Trademark Office.  

adidas logo

When can you use the registered trademark “R” symbol? Use of the registered trademark symbol “R” is reserved for Federal trademarks only and can only be used after you have a Federal trademark registration. This means you’ve filed an application and received a registration certificate from the US government.

What are some trademark symbol examples?

Examples of the registered trademark symbol for names and phrases  

• Twitter®

• America runs on Dunkin’®

• Pepsi®

Examples of the registered trademark symbol for logos  

fedex logo
Mcdonald's Logo

Do you have to use a Trademark Symbol?

No, there is no legal requirement to use a Trademark Symbol. The use of Trademark Symbols is entirely optional. You do not need to use a Trademark Symbol, and not using a Trademark Symbol will not invalidate your trademark rights. However, there are many good reasons to use Trademark Symbols.

 

Why should you use a Trademark Symbol?

Every time you use your trademark, you have the option to use a symbol with it. There is no requirement to use Trademark Symbols. Still, it’s a good idea to use Trademark Symbols for several reasons. 

1. Using Trademark Symbols conditions consumers to start looking at your trademark as your brand. This is a meaningful way to introduce your brand to consumers.

2. Using Trademark Symbols lets the competition know you’re claiming the trademark as yours. This is an effective way to ward off potential copying by competitors.  

3. If you do not use a trademark symbol, you can lose out on certain money damages like lost profits.

If you have a Federal trademark registration for your brand, you should definitely use a Trademark Symbol because it lets consumers and competitors alike know that you have a Federal trademark, which is the highest level of brand protection.

The advantages of trademark symbols are explained in my Easy Guide to Trademark Symbols.

 

PART II: Where to Put Trademark Symbols

• In this part, we’ll discuss where to put a trademark symbol together with a trademark.   

• In part III, we’ll cover when to use trademark symbols in various media.  

• But, for now, let’s go over where to put trademark symbols with word marks and logos or designs – with some examples.

Where to put a trademark symbol?

You may put a trademark symbol anywhere around your trademark. There is no one right place. Instead, there is some flexibility. You may place TM, SM, or ® anywhere around your trademark. Still, it is customary to place a trademark symbol after the trademark and on the right side. 

 

Where is the best place to put a trademark symbol?

The best place to put a trademark symbol is close to your mark, regardless of whether your trademark is a name, word, phrase, or logo.

 

Where exactly does a trademark symbol go?

For names, words, and phrases: The most common place to put a trademark symbol for a name, word, or phrase is in the upper-right corner. In fact, in nearly all cases, trademark symbols (whether it is TM, SM, or ® ) are placed at the top right corner of a trademark. Also, it is common to use superscript for a trademark symbol.

For logos and designs: The most common place to put a trademark symbol for a logo or design is at the logo is in the lower right corner.

Where do you put a trademark symbol on a logo?

For logos, it is best to place the trademark symbol on the right side of the logo. It is best to locate the TM, SM, or ® directly after the mark and near the bottom of the logo. Alternatively, you can put the TM, SM, or ®  in the logo. 

Where do you put a trademark symbol with a name or phrase?

For word marks, including names and slogans or catchphrases, it is customary to place the trademark symbol on the right side of the mark. Also, it is best to locate the TM, SM, or  ® directly after the mark and at the upper right in superscript.

How should you use a Trademark Symbol in writing?

If your mark is a company or product name, you can put the Trademark Symbol immediately after the name.  Here, representing the symbol in superscript is very common because it looks like the symbol is at the upper right of the name.

If your trademark is a logo, you can put the Trademark Symbol in the upper right corner of the logo or at the upper right side of the logo.

 

How should you use a Trademark Symbol on a product?

If your mark is a company or product name, you can put the Trademark Symbol immediately after the name.  Here, representing the symbol in superscript is very common because it locates the symbol at the upper right of the name.

If your trademark is a logo, you can put the Trademark Symbol in the logo or at the upper right side of the logo.

 

To summarize the correct placement of trademark symbols

Proper trademark symbol usage involves two main rules.

First, pick the correct trademark symbol.

Second, put the symbol in the right place so that it (1) identifies your trademark and (2) notifies the public that you claim ownership of your trademark.

Location matters for trademark symbols.

TM symbol placement

You put the TM symbol to the right side of your trademark and either in the:

• upper-right corner if your trademark is a word; or

• lower-right corner if your trademark is a logo.

R symbol placement

You put the R symbol to the right side of your trademark and either in the:

• upper-right corner if your trademark is a word; or

• lower-right corner if your trademark is a logo.

 

 

PART III: When to Use a Trademark Symbol

In this part, we’ll explore when to use a trademark symbol with your trademark and how often you need to use a symbol.   

When to use a trademark symbol?

You should use a trademark symbol when you want to let consumers and competitors know that you claim ownership of your mark. They provide public notice or “trademark notice” and serve as visual cues that help identify your trademarks. Also, you can use a trademark symbol every time you use your trademark. 

You may use a trademark symbol anywhere around your trademark, although most trademark owners put the symbol in a superscript or subscript to the right of their trademark.

You can use “TM” for goods or “SM” for services. After you have registered your trademark, you can use an ® with the trademark (regardless of whether you sell goods or services).

 

Do you have to use a trademark symbol every time you use a trademark?

No. You are not required to use a trademark symbol every time you use a trademark.  Instead, you can usually focus on using the symbol the first time the mark appears, in the most prominent place the mark is used (e.g., in a heading), or both. Repeated use of trademark symbols can become cluttered. A Trademark Symbol does not have to be used every time a trademark is used. 

 

How often should you use a Trademark Symbol?

As a general rule, it is best to use a Trademark Symbol in the first prominent mention of a trademark in the text of a web page or written documents like articles, press releases, promotional materials, and the like.  It is not necessary to use a Trademark Symbol every time used every time the mark appears. This avoids distraction and clutter.  

 

When exactly should you use a Trademark Symbol?

You should use a Trademark Symbol at the first or most prominent mention of a trademark.  Again, it is not necessary to use a Trademark Symbol every time used every time you use your trademark. One good, conspicuous use of the proper Trademark Symbol is usually all that is required.

 

Use of a trademark symbol in text

    1. In print materials (press releases, articles, and company reports)

For shorter printed materials (closer to 1-2 pages), using a trademark symbol with the first instance of the mark is sufficient. For extended printed materials, it is typically advisable to use the trademark symbol at least once per page in which the mark appears. Also, if there is an opportunity to use the trademark symbol with the trademark in a header or footer, all the better.  

    1. In websites and mobile apps

On the web, it is typically advisable to use a trademark symbol in the header or footer on every page that relates to your product or service.  

    1. On social media

The guidelines for using trademark symbols on social media are usually more relaxed. Most businesses only use a trademark symbol in their username/bio, cover image, or thumbnail.

 

Ready to take the next step toward LEGALLY owning your brand?

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

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.

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