We Answer: Do I Need To Trademark My Clothing Brand?

Now that you’ve started your own clothing business, it’s time to start thinking next steps. If you’re looking to sell nationally, but you’re worried about people copying your brand, consider getting your brand trademarked. But do you really need to, and why is it important?

You should trademark your clothing brand if you want to protect your logo, slogan, and branding. Trademarking your brand means you will be able to establish your recognizable brand without the concern of another business stealing your intellectual property. 

What is intellectual property, and what is the difference between a copyright and a trademark? What is the process of getting a trademark? Read on to find out more about the process and what you need to know about getting one.  

Understanding the Terminology

Before you consider trademarking your brand, it’s important to know the difference between a few different options that you have, including patents, trademarks, and copyrights. 

A copyright is what you would get if you would like to protect your art on your clothing. If you have a unique design or graphic on a t-shirt, for example, you may want to protect that art with a copyright. 

We Answer: Do I need to trademark my clothing brand?

A trademark is what you file with the United States Patent and Trademark Office. A trademark will give you protection of your brand, like your name, logo, slogan, and any other part that is identifiable to your brand and your brand alone. The more registrations you have of your trademark—the individual pieces that you register—the stronger your claim to your brand. 

A patent is what you would get to protect your piece of clothing—not your brand or your art, but the actual pattern. This can be incredibly hard to get since design patent protection is a tricky portion of the industry. If you have created a radically new type of clothing, though, consider getting it patented. 

Intellectual property is your branding package. It also includes what you submit to the United States Patent and Trademark Office. It is every piece of unique branding that you want to register as your own. You may hear it referred to as IP. 

Statement of Use is the next step in your trademarking process. If you applied for and received a Notice of Allowance, you are close to receiving your trademark. The next steps are creating your Statement of Use, which will then be a secondary application to your trademark. For clothing, you must submit a “specimen” for your trademark—a photo of your clothing. 

A notice of allowance is a written notification specifically telling you that you are moving forward in the trademarking process, but it is not an official registration yet.

Vital Equipment You Need As A Fashion Designer

Filing for A Trademark

  1. Search online to make sure your branding is available, and work with an attorney for additional assistance. 

The first step in filing for a trademark isn’t even contacting your attorney—it’s making sure you can trademark your name and brand in the first place. When you’re starting your business and determining your business name, you should have started searching for that name online. If you didn’t find another business with that information, then you are well on your way to making it yours. If you have, it’s a better plan to try to come up with something different, as that brand may be trademarked—and you could be encroaching on that trademark, leaning to a cease-and-desist letter that may break your business before it really begins. An attorney well versed in trademark law can help you search your chosen name to eliminate any possibility of trademark infringement. 

If you don’t want to involve an attorney at this point, you can also search for trademarks at the United States Patent and Trademark Office website. A clearance search can be conducted by searching through their database

  1. Create an account and put together your application. 
We Answer: Do I need to trademark my clothing brand?

Before you start applying, you will have to create your own account on the United States Patent and Trademark Office website. Set up your account here. Once you’ve done that, you can start to apply online. While there are many initial forms, you will need to have examples of all your branding before you apply. If you want to know about all the requirements before you apply, visit their list here. At the minimum, you will need to include all payment information, personal information, and your standard or special form trademark. You will also have to identify your brand for goods, since you will be selling items. Your filing basis also matters—you will be using your brand for commerce, so you will have to submit examples of what your commerce is, which would be images of your clothing line. 

  1. Wait for your initial approval, then file a Statement of Use form. 

If you meet the minimum requirements, you will have your application forwarded to an examining attorney. Note that the time frame for this could take several months. Once your application is reviewed, you may receive a refusal, or you could get an approval. This does not actually mean you can start to use your trademark, but it allows you to move to the next step. 

Once you’ve had your pending application approved, you will receive a Notice of Allowance. This will then be a part of the next step of the trademarking process. You will have to file a Statement of Use, which you will then submit and be considered for acceptance. This Statement of Use is what proves that you are using the trademark that you originally filed. 

Within the Statement of Use, you would have to file information regarding the use of your trademark, including the earliest date that you know you used it and a photo of the items that you are using the trademark for. They’re looking to receive photos of your goods—in this case, photos of the clothing that you are using your trademark for. Note that you cannot make any changes to your logo between the initial filing and the submission of the Statement of Use. 

After the Statement of Use is accepted, your trademark will be registered and it will be yours—you can use it nationally and if someone tries to use it without your permission, you can seek legal action. You also have the ability to license your trademark to others. 

  1. Wait for your Statement of Use to be accepted, then continue to file maintenance documents.

After you file your Statement of Use, you must wait for it to be accepted. It usually takes a few months for the office to approve this, so be patient. Once approved, you will have to continuously file maintenance documents, or information to keep your trademark up to date. Find out more about what you need to do on their website

After Filing: What now?

We Answer: Do I need to trademark my clothing brand?

After you’ve filed for your trademark, it’s extremely important to know that the Patent and Trademark Office does not police trademark or copyright infringement. While they make sure that no other registrants are creating a trademark too similar to yours, if you find someone using it, you must report that it is being infringed upon. 

Starting to create your trademark is a long and arduous process. Make sure you either have assistance or you’re looking to a trademark attorney for help. While trademarking can protect your brand, make sure you’re in it for the long haul, and you’ll be able to rely on that trademark for decades to come. 

Vital Equipment You Need For Your Clothing Line

RELATED QUESTIONS

If I have a trademark in the United States, does that apply globally?

No, filing for your U.S. trademark does not protect your trademark globally. If you wish to sell your clothing in another country, you will have to protect your trademark by filing with their trademark offices abroad. Consider working with an attorney to make sure the process runs smoothly. 

Do I have to use an attorney to file my trademark?

No, a trademark attorney is not required for United States residents. If you live outside of the United States, you are required to find an attorney that is licensed to practice law in the United States. While it is not required for residents, it is highly encouraged, as the process can be long and confusing, even with guidance. 

What makes a good trademark?

According to the United States Patent and Trademark Office, the best sort of trademarks are what they considered “fanciful” or “arbitrary”. Fanciful trademarks are those that are invented words, like Exxon or Pepsi. Arbitrary trademarks are those that do not have any connection to the goods or services your trademark is applied to—think Apple for computers. The worst kind are those with simple descriptions or generic trademarks—usually just the name of your item. Avoid these, because not only are they extremely generic and not memorable, but they will be turned down by the United States Patent and Trademark Office. 

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.