Having issues getting your logo trademark? If you’re developing a clothing line, you probably have a distinctive name, logo, or slogan that you will want on your apparel. In the competitive fashion industry, protecting these elements through trademark registration is essential to avoid infringement and to maintain a unique presence in the market.
Whether you're a new clothing company or an established brand, securing a trademark for clothing is a critical step in protecting your identity and reputation. Trademarking your name, logo, or slogan will prevent others from infringing on your rights. Though the process can seem daunting, it’s probably much easier than you think.
Step 1: Make Sure Your Trademark is Unique
The very first thing you must do before you set your sights on a clothing name, logo, or slogan is to determine whether your image or wording is unique. Visit the United States Patent and Trademark Office (USPTO) website and conduct a search using the Trademark Electronic Search System (TESS). This preliminary search is crucial, as it helps identify any existing marks in the trademark database that could pose a conflict. The Design Code Resource Search Manual will help you identify the proper code to search if you’re trademarking a logo with a design element. You may also conduct your search through the Patent and Trademark Resource Center.
Conducting a trademark search on your own is free, but you may want to enlist the services of an experienced trademark attorney or USPTO-licensed trademark and patent attorney to ensure a thorough understanding of the trademark landscape for your name, logo, or slogan. Experienced trademark attorneys have extensive experience with the ins and outs of the trademark system and may be able to help you find similar trademarks that you would have overlooked on your own. This can help avoid potential issues of "likelihood of confusion," a common reason for trademark application refusals in the fashion industry.
If you do overlook a similar trademark that’s registered or in use, you may unintentionally infringe on that trademark and could face legal consequences later. For fashion designers and clothing brands, avoiding infringement is especially important as it can impact brand credibility and market position. Additionally, consulting a trademark lawyer can help determine the best path to protect other aspects of your intellectual property, such as copyright for original designs and design patents for fashion accessories and unique clothing designs.
Step 2: Determine the Trademark You Need
You cannot trademark every clothing label. The name and logo of a clothing line are only eligible for a trademark if they are distinctive and capable of distinguishing your products in the marketplace. A strong trademark, one that is unique and not merely descriptive, provides greater trademark rights and legal protection for your clothing brand. If you are also developing unique clothing designs or fashion accessories, consider other forms of protection as well, such as design patents and copyrights for the artistic aspects of your products. Trademark applicants should understand the requirements for distinctiveness, as the USPTO only grants protection to marks that can uniquely identify a brand. Put adequate effort into creating a unique logo, however, and you should have no trouble trademarking it to ensure that no one else infringes upon your brand.
Step 3: Prepare Your Logo or Slogan
If you are trademarking a logo, you will need to create a digitized depiction of the logo on a white background. Any logo that contains unique design elements should be represented in its stylized format. This allows you to trademark the distinctive artistic elements that are incorporated into your logo. In the fashion industry, where logos often serve as ornamental design elements, this is especially important. If your logo does not contain design elements and is simply a word, number, letter, or combination of these, then you will represent them in a “standard character” format for your trademark.
Trademarking your company name in “standard character” format is actually a smart step, regardless of whether you’re trademarking a stylized logo as well. When you trademark your company name in the “standard character” format, it is protected in any font, color, size, and configuration. Using the correct trademark symbol (™ for unregistered, ® for registered) also helps in conveying your trademark rights to consumers and competitors. If your logo merely features the company name in a stylized font without any additional design elements, this may mean that you’re better off just trademarking the name by itself as a “standard character” mark, since the logo will be covered as well simply because it features the company name.
However, if you’re trademarking a logo that does not include your company name, like the Nike swoosh, you will need to apply for a separate trademark for this image. If you’re trademarking a slogan, you will not need to worry about distinguishing design elements from standard characters. In this case, you can simply trademark the phrase in question as a “standard character” mark.
If you wish to trademark both your company name and a stylized design logo, you must apply for two separate trademarks. You cannot place a standard name and a stylized design under the same trademark application. Likewise, if you are trademarking both a logo and a slogan, you will need to file for these trademarks separately. Fashion companies should also consider trademarking each unique logo or design element in separate applications to fully protect each aspect of their brand’s intellectual property.
Step 4: Fill Out Your Application
The process of filling out your trademark application is actually quite simple compared to the steps above. Once you have a name, logo, or slogan that you’ve thoroughly researched, you can fill out your trademark application quickly and easily online. The trademark registration process involves choosing the correct basis and trademark class, and it is essential for trademark applicants to be precise in categorizing their goods and services.
Instructions are available online to walk you through the application process, but there are a few points you may want to clarify first. When filing your trademark application, you will choose between the Section 1 and Section 44 filing bases. Section 1 applies to the majority of trademarks, particularly for most U.S.-based small businesses and start-ups. You will file under Section 1 if you are already using your mark within the United States, or if you have an intention to start using it soon. You will file under Section 44 if you are already using your mark internationally but wish to trademark it for future use within the United States. Fashion designers with international ambitions may benefit from filing under Section 44, as it allows them to secure rights before entering the U.S. market.
You must also determine whether you are filing under an intent-to-use or current-use. The decision between these two options affects your filing fees, as intent-to-use requires an additional filing later. It is more expensive to file for intent-to-use because of the added requirement of filing a Statement of Use later. Although this is surprising for many entrepreneurs, it is sometimes best to begin using your name, logo, or slogan before filing for a trademark in order to save on the Statement of Use costs. When applying, select the appropriate trademark class for clothing and fashion-related goods to ensure your application is correctly categorized.
Step 5: Submit Your Trademark Application
Submitting your application is as simple as clicking a few buttons if you file by yourself online. You may also file through an attorney if you prefer. Filing through a lawyer can give you added protection and access to valuable resources if someone else contests your use of a trademark. Filing for a federal trademark registration helps ensure your trademark is protected across the United States, giving you stronger grounds for enforcement on platforms like Amazon, where brand identity is critical. If you file through a lawyer, the Trademark Office will correspond directly with your attorney. If you file yourself, you will receive a filing receipt and serial number promptly via email.
Step 6: Follow the Trademark Application through to Approval
Once your application is filed, you can do very little until the trademark is approved. This can take anywhere from eight months to a few years. You should check on the status of your application every three or four months to determine whether any further action is needed. Major trademark stories often emphasize the importance of regular follow-up, as missing a deadline can jeopardize your trademark rights. It’s important to respond to correspondence promptly. If an applicant does not follow up regularly on a trademark application, the USPTO can deny petitions to revive the application later.
If you’ve been putting off your trademark application because of confusion or intimidation, there’s no reason to let these slow you down any longer. Securing a federal trademark for your clothing line helps establish your brand identity in the fashion industry, giving you a protected clothing brand trademark and exclusive rights in the market. Proper trademark protection can help your clothing company stand out and prevent potential infringement. Start securing your trademark now to give your clothing a protected brand name, logo, and slogan.
FAQs
Not every name or logo can be trademarked. They are only eligible for trademarking if they are distinctive and can distinguish your products in the marketplace. You must put in the effort to create a unique logo or name to avoid infringement issues.
If your logo contains unique design elements, it should be presented in a stylized format. If it is only a word, number, letter, or a combination of these, then it should be represented in "standard character" format. You should also consider trademarking your company name in the "standard character" format as it provides protection across any font, color, size, and configuration.
Section 1 applies to most trademarks, especially for U.S.-based small businesses and startups. You will file under Section 1 if you are already using your mark within the United States, or if you intend to start using it soon. Section 44 is used if you are already using your mark internationally but wish to trademark it for future use within the United States.
Intent-to-use is for those who plan to use their trademark in the future, while current-use is for those who are already using their trademark. Intent-to-use filing is more expensive because it requires the additional filing of a Statement of Use later.
The approval process for a trademark application can take anywhere from 12-18 months. It's crucial to keep track of your application status and promptly respond to any correspondence from the USPTO to prevent possible denial of your application.
