What is a Clothing Brand Trademark?
A clothing brand trademark is a brand name, logo, or slogan that’s used for a specific brand of clothing to set it apart from competitors in the fashion market.
If you need to trademark your clothing brand, there are specific steps to follow.
Read the rest of this article to explore aspects of clothing brand trademarks, such as why you need to trademark your brand, what steps to follow when trademarking your clothing brand, and how a lawyer can help you.
Why Do You Need a Clothing Brand Trademark?
Having a registered trademark has various benefits. These include:
- Brand protection. A trademark prevents other brand owners from using the same logo or name.
- Building trust. When consumers can recognize a brand, it builds credibility and trust.
- Legal validity. Having a registered trademark ensures that, as a clothing brand owner, you can take legal action against anyone who infringes on your rights.
How Can You Register a Clothing Brand Trademark?
There are specific steps to follow if you want to trademark your clothing brand to make it official and valid.
Step 1: Conduct a Trademark Search
Before you trademark anything, you should check that no other company is already using the trademark you want for your clothing brand.
You can complete a thorough search by checking a range of databases, such as the United States Patent and Trademark Office (USPTO). You should also check on platforms such as online marketplaces.
Step 2: Select a Unique Trademark
You want to ensure that your trademark is distinctive and unique, instead of generic. If you choose one that’s too similar to what’s out there, this won’t give you a strong level of protection.
When choosing the best trademark for your clothing, think about how you wish to expand your business in the future, so you can choose a trademark that won’t feel outdated within a few years.
Step 3: Submit a Trademark Application
You’ll have to file a trademark application with the USPTO, in which you’ll need to include the following information:
- Identity verification. After setting up an account on the USPTO.gov website, you’ll verify your identity before being allowed to submit a trademark application.
- Define your goods and class. You’ll have to choose the correct class for the type of goods you’ll be selling. For example, this could be Class 25 for footwear or headgear. Do your research to learn of the different classes so you pick the appropriate one.
- Provide a specimen. This can include a clothing label or website product page that clearly shows the trademark and product.
- Choose the correct filing. If you’re already selling your clothing, you can make use of the “use in commerce” option. If you haven't started selling your clothing, you’ll file an “intent to use.”
- Pay a filing fee. This varies depending on what you’re filing, but it can be around $300 or more. If you’re filing more than one class, you’ll pay more.
- Wait to be examined. Once you’ve filed your trademark, your case will be assigned to an USPTO examining attorney who will review the application. If there’s anything incorrect, you will receive an Office Action to make the necessary changes.
What are Common Mistakes to Avoid with Clothing Brand Trademarks?
There are some commonly-seen errors people make when applying for a clothing brand trademark that can result in delays in acceptance. Here are some to avoid:
- Skipping the trademark search. Prior to coming up with brand names, logos, and other elements of your brand, you should always search for your trademark online. This will prevent you from wasting time and money.
- Rushing into choosing a name. You want to take your time to choose the best trademark for your specific business. Note that it can be challenging to register your trademark if it’s generic or too similar to other names.
- Submitting the incorrect specimens. This is one of the most common reasons why trademark applications get rejected. Ornamental specimens are problematic. These refer to submitting an image of your trademark, such as logo, on a clothing item, but it’s not enough to display your branding. Better options include a sewn-in neck tag or label displaying your brand name.
- Filing in only one class. Depending on your clothing brand, you might have to file an application in more than one class, such as Class 35 for Advertising and Business. Research all classes before submitting your application.
Do You Need a Lawyer for a Clothing Brand Trademark?
Since the process of clothing brand trademarks can be quite involved, you might want to consult with a lawyer for help with the process. This has several benefits, such as:
- Preventing mistakes. Even small mistakes on your trademark application can prevent it from being approved. You can avoid this by hiring a lawyer who will ensure every step in the application is done correctly.
- Searching for trademarks. It’s not always easy to conduct trademark searches, and online searches aren’t enough to flag issues. A lawyer will conduct a thorough check so that you don’t run into problems.
- Providing legal protection. A lawyer will ensure that the wording included in your trademark and application is valid and provides you with legal protection.
- Offering international protection. If you’re hoping to sell your clothing outside of your country, a lawyer will help you with filings and other requirements.
- Handling trademark challenges. If your trademark got accepted, you might be surprised to see that other clothing brands can still challenge it. A lawyer will help you to deal with the situation in a professional, legal way.
Where to Find a Lawyer for a Clothing Brand Trademark?
If you need to work with a lawyer to ensure your clothing brand trademark is valid and increase the chance of it getting approved, you should hire a lawyer from ContractsCounsel, one of the largest online legal marketplaces where you can connect with more than 1,000 lawyers.
All lawyers have been vetted on the platform. They have the expertise and years of experience to guide you through the clothing brand trademark process, helping you to avoid mistakes and protect your brand.
