The apparel industry does a fantastic job showcasing the importance of trademark protection and identifying a clothing brand. Regardless of whether you wear $10,000 dresses or $10 gym shoes, one similarity remains: the designer has its name on it somewhere. If you are planning to launch a new clothing or apparel company, it would be irresponsible to do so without first focusiing on trademark protection. At a red carpet event? People don’t ask what you’re wearing, but rather “who.” This should be enough to convince you that your name, or one that you decide to go by, will be used to identify the clothing you create. In other words, it’s your trademark; protect it.
WHAT CAN I TRADEMARK?
There is a lot of confusion when it comes to trademarks, patents, and copyrights. Oftentimes people say they want to patent something when what they really mean is obtain a trademark, vice versa. In the case of clothing and the fashion industry, all three (patents, trademarks, and copyrights) can actually apply. A trademark is meant to identify the source of the goods. Are you using your name as a new fashion line? Well, then that would be your trademark. You can also decide to name your line something else, which could also be protected. Once you protect the name of your line, you can also look into protecting any logos or slogans you have developed as well.
To touch on something I mentioned before, patent and copyright protection might also be available for your clothing line. If you have created a new and functional design for clothing you may be able to protect it with a patent, but remember, it must perform some unique function. As far as copyrights go, protection may be available for the actual design you put on the clothing. This will not, however, protect the actual clothing…just the design you slap on there. A more thorough discussion of patents and copyrights as they apply to your clothing line will be discussed in a different post.
WHY DO I NEED A TRADEMARK?
Getting back on topic, a federally registered trademark will give you a number of benefits in keeping your clothing line unique, including the potential ability to limit the use of your name by others. Your ultimate goal is to be the only one on the market with that name. Whatever you decide you want your clothing trademark to be, your ultimate goal is for consumers to associate those clothes with you. If someone sees your clothes on the rack at a store, they will have a general idea of the quality of the clothing, the cost, the reputation, and even its “social status”…all based off of the name they see on the label.
WHAT SHOULD I NAME MY CLOTHING LINE?
Here you can be unique, or even use your own name like many designers do. One thing you don’t want to do, though, is pick something that is descriptive. The United States Patent & Trademark Office does not like descriptive trademarks and it is likely not to issue you one. For example, if you start a clothing line and plan to sell graphic tees, you probably don’t want to name it “Graphic Tees.” This is something you would want to speak to your attorney about form the beginning to help you identify a proper strategy.
TRADEMARK SPECIMEN FOR CLOTHING?
An important thing to remember when filing your trademark application is how to probably use your trademark on clothing. More often than not, the USPTO rejects an application for failure to provide a specimen properly using the trademark. Instead of showing the trademark as a source identifier, a specimen often shows the trademark as “ornamental.” For example, if you slap a name, logo, or slogan on the front of a shirt and go to trademark it, it’ll likely be considered ornamental and not a source identifier. Instead, place your mark in areas that may be considered as source identifiers instead of part of the design such as on the shirt’s tag, price tag, pocket, or sleeve. These all may be considered as a source identifier and not ornamental, which will improve your chances with the USPTO.
