Can you trademark a hairstyle?

No, you cannot trademark a hairstyle. You cannot trademark the specific design of a hairstyle. However, you can trademark a name, logo, or slogan that you use to market or promote your hairstyling services.

This information was provided by our founding attorney, Xavier Morales, Esq. 

It can be frustrating to learn that you can't trademark a hairstyle if you feel like you've come up with something unique that you want recognition for and to protect from your competitors. Think of the hair stylist who created "The Rachel!"

However, you can create a logo that contains the image of the hairstyle and then if you use that logo to promote or sell your services, you could then trademark the logo. Though this won't stop other stylists from copying your hairstyle with their clients, if you give your hairstyle/name/brand a unique name with a great logo, then people are going to recognize you as the creator, and want to come to the source. It will also protect competitors from using a similar name or logo to sell their products or services.

Moreover, securing a trademark for your salon's name or a unique name for a hairstyle does more than just protect your brand; it communicates to people the quality and distinctiveness of your service. This aspect of intellectual property helps in building a loyal customer base and differentiating your business in a competitive market.

Another avenue that some individuals and businesses explore is getting a design patent for innovative hairstyling tools that are used for creating the hairstyle you want to trademark. This will protect it from others copying your product as a patent covers it like an invention and protects the ornamental design of a functional item for a period of time.

To get a patent for your hair product then you will need to make sure that it's unique and be prepared to detail its distinct features in your patent application. You will then file it to the patent office at USPTO (United States Patent and Trademark Office) where it will be reviewed by patent examiners who will accept or reject your application, or ask for more information.

If you would like to trademark a logo for your salon or a unique name for a hairstyle, it is worth speaking to a trademark attorney to help you with your application. Contact us today for help with the trademark registration process.

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Xavier Morales, Esq.

About the Author

Xavier Morales, Esq.

Mr. Morales founded his trademark law practice in January 2007 with the goal of providing intellectual property expertise to entrepreneurs and businesses around the country. Since then, he has filed more than 6,000 trademarks with the USPTO. You can learn more about Xavier here.

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