Key Takeaways

  • A trademark clothing brand includes a distinctive name, logo, and slogan used in commerce.
  • Trademark protection for clothing is critical to establish brand identity and prevent infringement.
  • Not all uses of a brand name on clothing count as trademark use; it must indicate the source of the goods.
  • USPTO often rejects trademarks used decoratively unless also used on tags or packaging.
  • Clothing trademarks fall under Class 25 in the USPTO’s classification system.
  • International protection requires filing in each individual country.
  • Legal guidance can improve your chances of successful registration and long-term brand protection.

What is Trademark Clothing?

Trademark clothing is when the designer's name or fashion company is inextricably linked to the clothing itself. This includes having the trademark on the tag or emblazoned on the piece of clothing.

The process of trademarking clothing is complex. There are several steps to take when filing for a clothing trademark, and even more questions you'll have to ask yourself throughout the process.

Trademark Use vs. Decorative Use in Clothing

To receive trademark protection for a clothing brand, it’s not enough to simply display a name or logo on apparel. The United States Patent and Trademark Office (USPTO) distinguishes between trademark use and ornamental use. Trademark use identifies the source of the goods, while ornamental use refers to purely decorative elements, such as a large logo on the front of a shirt.

For instance, placing your brand name or logo on hang tags, labels, or packaging is more likely to be considered valid trademark use. On the other hand, a stylized phrase across a T-shirt may be rejected unless it's also used on non-decorative labeling materials. This distinction is crucial for clothing brands aiming to establish enforceable rights under U.S. trademark law.

Why is Trademarking Clothing Important?

Clothing lines and fashion designers need to protect their brands, names, slogans, and logos. They do this by obtaining valuable trademarks. Brand-name clothing and fashion is important because it denotes a level of quality to the customer.

Your clothing line must be unique with an original name, slogan, and logo in order to qualify for trademark protection. Generic or descriptive names won't cut it.

Once you've chosen a name for your clothing line, that trademark becomes the element distinguishing your line from your competitors'. When you have a strong trademark, you can build brand loyalty with customers who have learned to love your clothing's consistent value and quality.

You can gain protection for your clothing brand by having your lawyer file a trademark application with the United States Patent and Trademark Office (USPTO). This entitles you to legal protections for your brand, including the brand name, slogan, or logo.

For example, consider the classic Nike brand. Nike has filed several trademark registrations for the word "Nike" across various classes of services and goods, including a separate trademark for backpacks, sporting equipment, and designs. Nike's most notable trademarks are the "swoosh" design symbol and the "Just do it" slogan. As you build your clothing company, consider how much protection these various types of trademark registrations can offer.

What's more, the greater number of trademark registrations you have, the stronger your intellectual property portfolio. For a fashion startup, holding multiple trademarks can attract more investors and boost your company's value. Multiple trademark registrations also build more confidence with consumers.

What a Clothing Trademark Can and Cannot Protect

Understanding the limitations of a clothing trademark is essential. A trademark protects identifiers like your brand name, logo, and slogan, but it does not protect clothing designs, color schemes, or functional aspects of the apparel itself. These elements may fall under copyright or design patent protection.

For example:

  • Trademarkable: “BoldWear” for a streetwear line with a distinct swoosh-style logo.
  • Not trademarkable: A floral dress design unless protected under copyright or design patent law.

Designers often combine trademark, copyright, and patent strategies to comprehensively protect their brand and product line.

Reasons to Consider Trademarking Clothing

The main reason to have your fashion trademarked is to identify your clothing line. A complete business with a logo, slogan, and name is more valuable to both inventors and customers. That's because it provides a clear sense of your clothing line's identity.

In addition to building brand loyalty, trademarked clothing distinguishes your line from another designer's. Anyone can make a white blouse, but your trademark is distinctive and stands out from the rest. When you've become successful, your white blouse is the one everyone wants. The best part is that you can use this advantage in all forms of advertising and marketing strategies.

You're also free to use your trademark however you see fit. You may want to identify your brand on the price tag or brand label, or incorporate the trademark into the clothing design itself. You can also license your trademark to retailers that want to sell your clothing.

Decorative elements used on clothing are considered "ornamental" by the USPTO and won't automatically qualify for trademark status on their own. As such, submitting another way to identify your clothing product is required.

Naturally, the biggest reason for trademarking your clothing line comes down to protection. A federally registered trademark comes with the greatest amount of protections when it comes to your brand name. Once approved, no one else can use your trademark without your permission unless it falls under fair use. You can legally go after any competitor using your trademark for financial gain.

Benefits of a Strong Trademark Clothing Brand

A well-established trademark clothing brand offers more than just legal protection—it strengthens your brand's market position and value. Key benefits include:

  • Exclusivity: You gain the exclusive right to use your mark on specific goods and prevent others from doing the same.
  • Consumer Recognition: Trademarks help build recognition and trust with customers.
  • Brand Expansion: Registered trademarks simplify licensing and franchising opportunities.
  • Investment Appeal: Investors often view legally protected brands as less risky and more valuable.

For clothing businesses with long-term growth goals, registering trademarks is a strategic move that can set the foundation for future scalability and success.

What Happens When I File for a Clothing Trademark?

There are three ways to obtain secure trademarks for clothing:

  • Use in commercial trade
  • State registration
  • Federal registration

Using your brand name, logo, or slogan in commercial trade is enough to establish your trademark without the need to register it. However, trademark usage alone doesn't give you the maximum amount of legal protections.

State registration creates a public record of your trademark and gives the public notice that the mark is currently in use. Competitors that fail to search for similar trademarks or who knowingly violate trademark law can be held accountable.

Federal registration gives you exclusive ownership rights as well as the right to sue in federal court. The trademark office also maintains an extensive federal database of trademarks, which would include your listing.

In order to federally register a trademark, you will be required to sign an affidavit noting the date on which you first used it. This date determines "first use," or who qualifies to legally own the trademark. You'll have to provide a drawing of your trademark and a sample of the clothing for the USPTO to check against the trademark database. Similar marks already in the database will result in your application being rejected.

It's important to remember that trademarks do not, in fact, protect patterns, clothing designs, or artwork. These elements require copyright protection instead. As a designer, you automatically own the copyrights to your designs, artwork, and patterns from the moment you create the item in a physical form, including initial sketches.

International Trademark Protection

A USPTO trademark registration only protects your brand within the United States. If you plan to sell or distribute your clothing in other countries, you must register your trademark in each country or region individually.

Options include:

  • Madrid Protocol: A streamlined way to file in multiple member countries through one application.
  • National Filings: Direct applications in each target country’s trademark office.

Early international filing is essential to avoid potential conflicts with brands in other markets. If you delay, another company could claim your brand in a foreign country, leading to expensive legal battles or rebranding efforts.

Common Mistakes

When trademarking your clothing line, be sure to avoid these common mistakes:

  • Relying solely on copyright law. While it's nice to know that you automatically own the copyright to your ornamental designs, sketches, patterns, and other artwork, don't assume your brand name, logo, or slogan are protected. Trademarking and copyrighting are not the same thing.
  • Failing to search for existing trademarks. It's easy to assume your brand name, logo, or slogan are distinct and original because you created them, but you might be surprised at how easy it is to find similar trademarks already in the USPTO's database. Be sure to do your homework and enlist the help of a trademark attorney, if necessary, to avoid wasted time and money.
  • Assuming domain name registration protects you. While it's a smart move to register your clothing line's domain name as soon as possible, never assume this provides you with any sort of trademark protection. Simply registering a domain name isn't even considered "trademark use" and won't establish your trademark rights. You need to use the trademark in interstate commerce first.
  • Assuming your trademark is protected around the world. When registering your trademark with the USPTO, you are only entered in the United States' database; you don't yet enjoy any protections internationally. If you plan on distributing or selling your clothing in any other country, file a trademark application with that country. The bigger your brand gets and the more countries you do business with, the more trademark registrations you need.
  • Relying on ornamental trademark use. Unless you've already trademarked your brand, you should avoid displaying your intended trademark as a decorative feature on a garment. Customers need to associate your trademark with your brand, not a design element. If you do want to display your logo or brand name on the front of a garment, make sure you also include it on the label or price tag. You can also integrate a small image of the trademark into the garment, such as a tiny patch on the breast pocket. Also, always include the trademark design on product packaging.

Choosing a Strong Name for Your Clothing Line

When selecting a name for your clothing line, it is essential to choose one that is unique and cannot be confused with an existing brand. A good name should not be generic or merely descriptive of the product. For example, a name like "Pretty" might sound appealing, but it fails to qualify for trademark protection because it describes a quality rather than identifying the source. Similarly, a name like "Nikke" could be rejected for its similarity to an established brand like "Nike." The USPTO typically refuses marks that are confusingly similar, generic, or descriptive, as these are harder to enforce and protect.

What Qualifies for Trademark Registration

When considering trademark registration for your clothing brand, the primary aspects to protect are your business name, slogan, and logo. It is advisable to trademark your business name in plain text without relying on specific colors or fonts. This approach ensures that you secure exclusive rights to the name itself, regardless of the visual elements that accompany it. By establishing a strong trademark for these core identifiers, you can build a robust legal foundation for your brand.

Protection for Clothing Designs

While you may be eager to protect the overall look and feel of your garments, it's important to understand that trademarks do not extend to the shape or design of a specific item of clothing. Instead, trademarks protect the elements that serve as source identifiers, such as your logo or brand name. If you wish to protect the design of a garment itself, you should explore design patent options. Design patents may provide protection for the ornamental design of a product, depending on the circumstances and the uniqueness of the design.

Trademark Classification for Clothing

When registering a trademark for clothing, your application will fall under Class 25. This class covers clothing, headgear, and footwear—including items such as shoes, hat frames, turbans, bath slippers, suspenders, knitwear, and other apparel. Understanding this classification is important because it determines the scope of your protection and helps ensure that your registration covers all the relevant products in your clothing line.

Steps to File

The process of trademarking your clothing line and brand can be overwhelming, especially when you don't enlist the help of a lawyer. Still, it isn't impossible to do on your own. Just take the following steps:

  1. Come up with a unique brand name that stands out from the rest. This requires doing extensive research to be sure the name isn't already in use or attached to another brand.
  2. Check trademark databases. Trademark databases are public and are easy to use. You may also consider surveying your friends and family to see if your brand name sounds similar to an existing one.
  3. Create your brand name and logo. After doing the research, it's time for the fun part. Decide on the brand name and any symbols or slogans you wish to be associated with your clothing line. Unless you're experienced in graphic design, you may want to hire a professional logo creator to bring your vision to life.
  4. Start using your brand name and logo. Place them on your packaging materials and products. Avoid using any trademarks as clothing designs until you've registered them first.
  5. Register your trademark and logo. You can do this online at the USPTO website. You should also be prepared to describe the logo in detail when registering. Submit the application along with a sample of your product bearing the logo and brand name as well as the required affidavit.
  6. Prevent all forms of unauthorized use and infringement to enforce and protect your legal rights.
  7. Renew your trademark rights every 10 years and copyright all desired clothing designs.

Tips for Strengthening Your Trademark Application

To improve your chances of successful registration for your trademark clothing brand, consider these best practices:

  • Choose a Strong Mark: Avoid generic or descriptive names. Aim for arbitrary or fanciful names that stand out (e.g., “Zara” or “H&M”).
  • Submit Multiple Proofs of Use: Include labels, tags, website screenshots, and product photos that show your mark used in commerce.
  • Avoid Conflicting Marks: Search for phonetic similarities, translations, or slang that may overlap with existing trademarks.
  • Provide a Clear Specimen: Ensure your sample shows the trademark in a non-ornamental context—typically on tags, labels, or packaging.
  • Hire a Trademark Attorney: The application process can be complex, and legal guidance may prevent costly errors or rejections.

You can find a qualified attorney on UpCounsel to help protect and register your trademark clothing brand with confidence.

Frequently Asked Questions

  1. Can I trademark a clothing line if I haven't started selling yet?
    Yes. You can file an “intent-to-use” trademark application, which reserves your rights until you begin selling the product in commerce.
  2. Is my logo automatically protected once I start using it?
    No. Common law rights may exist, but without federal registration, your protection is limited. Registering with the USPTO provides stronger legal standing.
  3. What happens if my application gets rejected due to ornamentation?
    You can revise your specimen or submit additional materials showing proper use. An attorney can help craft a response to the USPTO’s office action.
  4. Can I trademark phrases or slogans used on clothing?
    Yes, but they must function as a source identifier, not merely as decorative expressions. Use them on labels or marketing material for stronger eligibility.
  5. Do I need a trademark attorney to file a clothing trademark?
    It's not required, but highly recommended. An attorney can help you navigate refusals, prepare strong evidence, and increase the likelihood of approval.

Ensure your clothing line is trademarked without a hitch by consulting one of the lawyers on UpCounsel. UpCounsel only accepts the top 5 percent of attorney applicants to the website, giving you access to the best and brightest minds in the legal world.