How to Trademark a Fashion Brand
Creating a fashion brand is about more than design—it’s about building a unique identity. Protecting this identity is crucial in the competitive fashion industry. Trademarks ensure that your brand’s name, logo, and slogan are exclusively yours. In this blog post, we’ll cover how to trademark a fashion brand, from understanding trademarks to post-filing steps. Whether starting a new line or enhancing an existing brand, knowing how to trademark a fashion brand is essential.
What is a Trademark?
A trademark is a legal tool that protects your brand’s identity in the marketplace. It can be a distinctive name, logo, slogan, sounds, colors, scents, and more that distinguishes your goods or services from those of others.
For a fashion brand, trademarks are especially important because they protect the elements that make your brand unique.
Brand Name
The brand name is the cornerstone of your fashion trademark.
It’s the primary identifier that consumers use to recognize your brand. By trademarking your fashion brand name, you prevent others from using a similar name that could confuse customers or dilute your brand’s identity. Whether it’s a catchy, one-word name or a combination of words that reflect your brand’s ethos, securing a trademark for your brand name is the first step in protecting your fashion line.
Logo
Your logo is the visual representation of your fashion brand.
It’s the symbol or design that customers associate with your products. A trademark on your logo ensures that no one else can use a similar design that might cause confusion in the marketplace. This protection is vital for maintaining the visual integrity of your brand.
Slogan
A slogan is a catchy phrase or tagline that encapsulates your brand’s message.
Trademarking your slogan ensures that others can’t use similar phrasing that might dilute your brand’s message or cause confusion among consumers. Whether it’s a clever wordplay or a straightforward statement, protecting your slogan helps maintain the uniqueness of your fashion brand.
Basic Trademark Costs
Trademarking a fashion brand involves costs that vary depending on how you file and what you’re looking to protect. Understanding these costs upfront can help you make informed decisions.
One Trademark Per Application
When you file a trademark application, it’s essential that the application reflects how you use the trademark in commerce. This might mean filing for multiple elements together, like your brand name and logo, or separately, such as filing for the name alone or the logo alone.
However, it’s worth it to consider strategic separate filing in order to ensure vast trademark protection.
As the USPTO puts it:
“Companies often separately register various components of a trademark that they use together and separately. A company might register its business name, a slogan, and a logo to ensure the broadest possible protection. This gives companies flexibility…to mix and match trademarks…and still protect all their trademarks.”
TEAS Plus & TEAS Standard
When applying for a trademark, you have two main filing options: TEAS Plus and TEAS Standard.
TEAS Plus: This option has a lower filing fee, making it more cost-effective. However, it comes with more stringent requirements, including the need to use pre-approved descriptions of goods/services. It’s a streamlined option that works well if your brand’s offerings fit within the USPTO’s predefined categories.
TEAS Standard: While this option has a higher filing fee, it offers more flexibility in how you describe your goods and services. If your fashion brand has unique or niche products that don’t fit into standard categories, TEAS Standard allows you to craft a custom description that better reflects your brand.
Filing Basis
Your trademark application must be filed under an appropriate basis, which determines the timing and requirements of the application.
Use in Commerce: This filing basis is for trademarks already in use in the marketplace. You’ll need to provide evidence of your trademark being used on goods or services at the time of filing.
Want to read more about Use in Commerce Trademarks? Check out our post – Use in Commerce Trademark: The Process & Timeline
Intent to Use: If you haven’t started using your trademark yet but plan to, this filing basis allows you to secure your trademark while you prepare to launch your products. You’ll need to file a Statement of Use later to complete the registration.
Want to read more about Intent to Use Trademarks? Check out our post – Intent to Use Trademark: The Process & Timeline
Fee Per Class of Goods/Services
The cost of your trademark application also depends on the number of classes of goods/services you include. Each class represents a different category of products or services, and you’ll need to pay a separate fee for each one. This leads us into the next crucial aspect of trademarking a fashion brand: understanding the relevant trademark classes.
Trademark Classes for the Fashion Industry
Trademark classes categorize goods and services, helping to specify what your trademark protects. In the fashion industry, several classes are particularly relevant.
Trademark Class 25 (Clothing & Footwear)
Trademark Class 25 is critical for fashion brands, as it covers clothing, footwear, and headgear. This class includes items like shirts, dresses, jackets, shoes, and hats. If your fashion line includes any type of apparel or footwear, Class 25 is essential to secure.
Trademark Class 14 (Jewelry)
For fashion brands that offer jewelry, Trademark Class 14 is the appropriate classification. This class includes precious metals, gemstones, and jewelry items like rings, necklaces, bracelets, and earrings. Protecting your brand in this class ensures that your jewelry designs and brand identity remain uniquely yours.
Trademark Class 18 (Handbags & Wallets)
Trademark Class 18 covers leather goods and accessories, including handbags, wallets, and luggage. If your fashion brand includes any of these items, securing a trademark in this class is necessary to protect your accessories from copycats.
Trademark Class 9 (Sunglasses & Eyewear)
Trademark Class 9 is relevant for fashion brands that offer eyewear, including sunglasses. With eyewear being a popular fashion accessory, securing a trademark in this class is vital to protect your designs and brand name in the competitive eyewear market.
Why a Comprehensive Trademark Search Matters
Before you file for a trademark, conducting a comprehensive trademark search is a must. This search helps you avoid potential conflicts that could result in the denial of your application or legal challenges down the line.
A thorough trademark search ensures that your brand name, logo, or slogan isn’t already in use by another entity. This step is crucial in avoiding legal conflicts and ensuring that your trademark application is successful. It’s far better to discover potential issues before trademark filing rather than facing costly disputes later.
Components of a Trademark Search
Federal and State Trademarks
Your search should cover trademarks registered at both the federal and the state levels. This ensures that no one else has already secured rights to a similar trademark.
Common Law Trademarks
Even if a trademark isn’t registered, it can still be protected under common law. This means you should search through business directories, domain names, and other databases to ensure that your desired trademark isn’t already in use.
Sound, Appearance, and Meaning
Analyzing potential conflicts involves looking for similarities in sound, appearance, and meaning. Even if your trademark isn’t identical to another, similarities in these areas can still lead to legal challenges.
Related Goods/Services
Ensure that your search includes related goods and services. A similar trademark in a different industry might not pose a problem, but if it’s used in a related field, it could cause confusion.
Trademark Post-Filing Steps
After filing your trademark application, your work isn’t over. There are several steps you should consider taking and steps you must do to keep your trademark alive.
Continuous Use of Your Trademark
To keep your trademark rights, you must continue to use your trademark in commerce. This consistent use is what maintains your trademark’s validity and ensures your ongoing protection.
Record Your Trademark with U.S. Customs
Recording your trademark with U.S. Customs is a smart move to prevent counterfeit goods from entering the United States. This step helps you protect your brand from unauthorized copies that could damage your reputation and sales.
Trademark Monitoring Services or Periodic Trademark Monitoring Searches
Even after securing your trademark, you should regularly monitor the marketplace for potential infringements. Trademark monitoring services can alert you to new applications or uses that could conflict with your trademark. Or if not interested in a continuous service, then regular trademark monitoring searches can help you stay ahead of potential issues and take action when necessary.
Filing Maintenance Documents
To keep your trademark active, you need to file maintenance documents, such as Section 8 and Section 9 filings, at regular intervals. These documents confirm that you’re still using your trademark and wish to keep it registered. Failing to file these documents on time can result in the cancellation of your trademark registration.
Don’t let your brand fall out of style—protect it with a trademark!
Securing a trademark for your fashion brand is an essential step in building and maintaining your brand’s identity. From understanding the different elements that can be trademarked to navigating the costs and filing process, taking these steps ensures that your brand remains uniquely yours. To get started, consider conducting a comprehensive trademark search with TradeMark Express and seek professional assistance to guide you through the process.