Nowadays, it’s important to make sure all your i’s are dotted and your t’s are crossed. When you’ve started your clothing business in the hopes that you’re going to sell your new brand, there are steps you need to take to protect yourself—and make sure no one steals your ideas to make copies. How do you license your clothing brand?
To License Your Clothing Brand in 5 Easy Steps
- Consider working through a patent and trademark lawyer.
- Make sure that your branding isn’t infringing on any existing branding.
- Create an account on the US Patent and Trademark Office website and start compiling your application.
- Upon approval, file a statement of use form.
- When the statement of use filing is accepted, you are fully licensed.
Licensing your clothing brand can seem daunting, but following the steps can make it that much easier. Read on to find out how you can license your clothing brand, some terms that you need to know, and how you can license your clothing business in the meantime.
Vital Vocabulary
Before you start considering licensing your clothing brand, there are some terms that you should know. Knowing the difference between a few of your options is key in making sure you get the right license for the right entity.
- Copyright. This is what you would get if you have original art on a piece of clothing. Some sort of graphic design printed on a t-shirt is what you would protect with a copyright.
- Trademark. This is what you’re looking for when you’re licensing your clothing brand. This is the license filed with the United States Patent and Trademark Office and will give you protection over your brand: your name, logo, slogan, and anything else that may be identifiable as categorically your brand. The more you register, the stronger your license will be.
- Patent. This is something you probably won’t be registering for—unless you invent a whole new type of clothing altogether. Patents are for new ideas, so you would be registering a pattern. Did you create a new item that could become as much of a staple in the common wardrobe as a t-shirt is? That is when you should seek a patent.
- Intellectual property. Also referred to as IP, this is what you include in that package that you send to receive your trademark. This includes everything that you register as your own, and if someone tries to copy or steal it, they would be infringing on your copyright.
- Notice of allowance. When you submit your application, this is the official written notification that you can move on to the second step of the process, but it is not considered an official registration or blanket approval.
- Statement of Use. After you submit your intellectual property to the United States Patent and Trademark Office, you’ll have to submit this. Applying first gets you a Notion of Allowance if you’re approved, and this is the secondary application in which you must send a “specimen” or an example of your clothing.
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Licensing Your Brand
Actually, licensing your brand does take a number of steps, but take your time and do so thoroughly. It is very easy to get your trademark application refused if you don’t have the proper intellectual property sent in.
Consider working through a patent and trademark lawyer.
While this step may not be for everyone, it can be helpful to find a lawyer that specializes in patent and trademarking businesses at the very beginning. If you start and get lost on the way, they may have to clean up what you’ve already done, making it a much longer and harder process.
Finding one before you even begin can make the process much easier on you. They can guide you through the process as you file with the government, and they can even do the steps for you.
Make sure that your branding isn’t infringing on any existing branding.
The first step after potentially seeking legal advice is by making sure you can actually register your brand in the first place. It starts simply by searching for your name, your logo, and any other intellectual property online. While you should have done this when you created your business name, make sure no other business has registered under the same name.
What happens if you find something else? It’s time to consider renaming your business before it gets too popular. It is incredibly difficult to fight against a trademark, especially if they filed before you. You could receive a cease-and-desist letter before you can get to the next step, which can essentially break a business.
A trademark lawyer can help you look for any possible infringement, but if you do not want to bring in a lawyer yet, you can search through the information at the United States Patent and Trademark website database.
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Create an account on the US Patent and Trademark Office website and start compiling your application.
It’s much easier to start your process and your application if you create an account on the Patent and Trademark website, which can be found here. With that account created, you can start putting together your application.
There are many forms listed on the website, but the main objective is taking your branding and getting it licensed. Make sure you include every piece of branding that you may have for your business, including your logo, slogan, business name, and anything else that you might want directly related to your business. They will also want your information—personal, business, and any other special information that you need to include that goes with your trademark.
There are also requirements to getting your license. For more information on what they require or don’t require, visit their list here.
Understand that down the road, you will also have to submit examples of your clothing line. As you are filing as a brand for commerce, they will require examples of what your commerce actually is—and that’s your clothing brand.
Upon approval, file a statement of use form.
While it could take several months, your application will be reviewed and either refused or approval. If refused, look over the application, change what needs changed, and attempt to resubmit.
If you receive a tentative approval, that would be your notice of allowance. Note that this isn’t an official approval yet. You will have to file a statement of use, which proves that you’re using the trademark for what you filed it for. This includes proof of you using it and photos of the goods that you’re selling.
One item to note is that you cannot make changes to your branding package after you receive the notice of allowance. At this point, your brand is under scrutiny and any changes that you would make would be considered a change to your application.
When the statement of use filing is accepted, you are fully licensed.
The trademark is yours once the statement of use is accepted, and you will be required to send maintenance documents on a schedule. After this, your brand is yours to use.
After receiving your license, it’s important to remember that it is now your responsibility. When it comes down to possible infringement, the government will not check that for you—it’s up to you to report if someone is using your licensed trademark that isn’t you.
While the process can be complicated and can take up to a year for it to be completed, once the trademark is yours, it’s yours. Consider asking for help or working with a trademark attorney to speed up the process, along with making it easier on you in the long run. Before you submit your trademark, remember that it will require additional forms to make changes to it down the road. Make sure you like and stand by your branding package before registering it with the United States Patent and Trademark Office.
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Related Questions
What other licenses do I need to start my fashion brand?
There are a few licenses you could need for your brand, including filing as a business entity, getting your federal employee ID numbers, potentially a garment or apparel certificate, a seller’s permit or certificate of authority, and any other local or state permits that you may be required to receive.
What happens with my license if I want to sell outside of the United States?
When it comes to trademarks and licenses, you are not covered if you sell outside of the United States. If you want your brand to be licensed in another country, you must go through the same process in that country before your brand will be licensed there.
What makes a good trademark?
The United States Patent and Trademark Office has requirements listed about what makes a “good” trademark—and the best are the most unique. “Fanciful” trademarks, like Exxon or Pepsi, are invented words that do not show up in the dictionary. “Arbitrary” trademarks, on the other hand, are names that aren’t applied to the actual item or service you’re planning on providing—like Apple when associated with computers. The words are simple trademarks that are generic. These are typically turned down.
To learn more about how to start your own fashion clothing line check out my startup documents here
Please note: This blog post is for educational purposes only and does not constitute legal advice. Please consult a legal expert to address your specific needs.
Meet Shawn Chun: Entrepreneur and Fashion Business Fan.
I’m a happy individual who happens to be an entrepreneur. I have owned several types of businesses in my life from a coffee shop to an import and export business to an online review business plus a few more and now I create online resources for those interested in starting new ventures. It’s demanding work but I love it. I do it for those passionate about their business and their goals. That’s why when I meet a designer or boutique owner at a craft fair, farmers market, retail location or anywhere else I see myself. I know how hard the struggle is to retain clients, find good employees and keep the business growing all while trying to stay competitive.
That’s why I created Fashion Business Boss: I want to help fashion business owners like you build a thriving business that brings you endless joy and supports your ideal lifestyle.