How to Register Clothing Brand Name Trademarks – THE ULTIMATE GUIDE

When it comes to clothing, registered brands matter.

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.

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

CONTENTS

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.

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).

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.

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.

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

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.

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.

Michael Kondoudis

For more than twenty years, Michael Kondoudis has been the go-to trademarking expert for businesses of all shapes and sizes. Michael is a USPTO-licensed trademark and patent attorney, educator, speaker, and author of the Amazon best-seller: Going From Business Owner to Brand Owner. He is also an authority trusted by national news media on major trademark stories.

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).