Key Takeaways

  • A trademark/label protects brand identifiers such as names, logos, and designs that distinguish goods or services.
  • Copyright and trademark serve different purposes—copyright covers creative works, while trademarks cover brand identifiers.
  • The USPTO registration process requires a clear application, fees, and evidence of commercial use to establish nationwide protection.
  • Proper use of ™, ℠, and ® symbols is essential for enforcing trademark rights and signaling ownership.
  • Label trademarks are especially important in industries like clothing, where brand identity and authenticity are central.
  • Failing to renew trademarks, misusing symbols, or neglecting enforcement can weaken protection.

Trademark label is a form of legal protection to protect original works. This US federal law gives the trademark or copyright owner the ability to exclusively display, reproduce, and distribute the work in question. A copyright will last the lifetime plus seventy years after the death of the original author.

Trademarks and Copyrights

Trademark and copyright are not interchangeable. Copyright protection is used for published works and unpublished works that can be written, drawn, painted, or created. Trademark protection is designed to protect words, phrases, symbols, logos, or any design that clearly identifies a product or service. For complete protection, in some case, both a trademark and copyright will be needed to protect your creations.

In technical terms, when you create a work you are the copyright owner. To create full legal protection, you should register for copyright status. This will help your case if it is found that someone is using your work without your permission.

Trademark vs. Label Protection Explained

While “trademark” and “label” are sometimes used interchangeably, a trademark/label has a more specific focus. A trademark is the legal right protecting names, symbols, or logos, while a label refers to the physical or digital brand marker placed on a product. Registering a trademark ensures that the label identifying your goods cannot be lawfully copied or misused by competitors. This is critical for brand recognition, as a label is often the first visible mark of authenticity to consumers.

For businesses selling packaged goods or apparel, securing both the trademark and the label design strengthens protection. For example, a beverage company may trademark its logo and also protect the distinctive label design applied to bottles.

How to Trademark and Copyright Your Label

To register a copyright, a form must be filed with the U.S. Copyright Office. You must pay a registration fee of $35 when you file online. However, if you file by mail the fee goes up to $50. When you file, a copy of the work must be sent with the application. Do not send the original; instead, send copies. When filing online, the work examples can be sent as attachments. Samples are entered into the public record.

To file for a trademark, a trademark application from the U.S. Patent and Trademark Office can be filed online. The application is between $275 and $325 if you are using the online system.

Trademark Symbols and Proper Usage

When applying trademark/label protection, it is important to understand how to use the three primary symbols:

  • ™ (Trademark): Used for goods when you claim rights but the mark is not federally registered. It establishes “common law” rights and should be used during the application process.
  • ℠ (Service Mark): Used for services rather than goods. Like ™, it provides limited protection before federal registration.
  • ® (Registered Trademark): May only be used once the USPTO formally registers your mark. Using it prematurely is a violation of federal law.

Best practice is to place the symbol in the upper right corner of the brand name, logo, or label design. Using these symbols correctly not only warns others of your claim but also strengthens legal standing if infringement occurs.

Trademarking a Clothing Label

A clothing label trademark is essential to the perception of the brand. This applies to the name, the logo, and the designs as a whole or when grouped together. This brand identity needs to be protected from any possible infringement. You are able to create trademark protection at both the federal and state level. To properly trademark a clothing label you should:

  • Choose a clothing label name that does not sound confusingly close to another brand.
  • Complete a name search at the federal and state level to confirm the name is not taken.
  • If there are similar names or trademarks, make a list and ask other people to see if they see them as too similar.
  • Design a logo that will stand out in terms of font, size, and color.
  • With the name and logo, create product samples that show the range of your clothing line.
  • Sell those products on the internet to create a large geographic area of distribution. This will show that common law trademark rights exist.
  • At the state level, register both the name and logo. This should be completed in any state where the products will have wide appeal and high sales. The applications can be submitted online or in-person depending on the state.
  • At the federal level, complete a federal trademark registration application with the United States Patent and Trademark Office for both the name and the logo. The application must include design sketches and any stylized marks.

The application must include a signed, sworn affidavit or ownership rights. The associated fees must be paid as well. At this point, and in the future, continue the use of the name, logo, and stylized marks to show the continuous use of the label on sellable products. Continual use will prevent another label or company from using your designs, name, and logo. Trademarks must be renewed every ten years.

If copyright infringement is thought to have occurred, you must be able to show that the person infringing had the opportunity to see your works before creating their own and that the work in question is clearly a copy of your work. If a lawsuit is needed to defend your copyright or trademark, the U.S. Patent and Trademark Office does not act as your legal counsel. You must hire an attorney who specializes in patent and trademark law. The first step should be a cease and desist letter, which is a good first attempt to avoid a lawsuit. It may not work, and you would then proceed to a lawsuit.

Common Mistakes and Best Practices in Label Trademarks

Many businesses weaken their trademark/label rights by making avoidable mistakes:

  • Misusing the ® symbol: Using the registered symbol before USPTO approval can lead to denial of your application.
  • Failing to show use: To maintain protection, you must show continuous use of your mark in commerce. Labels that are designed but never used on products may not qualify.
  • Neglecting renewals: Federal trademarks must be renewed every 10 years with proof of continued use.
  • Improper marking: Not displaying the ™ or ® symbol makes it harder to enforce rights. Correct marking helps notify the public of your legal claim.

Best practices include:

  • Always perform a clearance search before filing.
  • Use distinct fonts, colors, or stylized designs that reduce the risk of confusion.
  • Document all uses of your label in marketing, packaging, and sales to prove ownership.
  • Keep your registrations current and updated as your business expands to new products or markets.

Frequently Asked Questions

  1. What is the difference between a trademark and a label? A trademark is the legal right protecting brand identifiers, while a label is the physical or digital branding on a product. A label can be trademarked if it is distinctive and used in commerce.
  2. Can I use the ® symbol before my trademark is approved? No. You can only use ® after USPTO registration is finalized. Misuse before approval is a violation of federal law.
  3. Do I need to register both my name and logo? Yes, registering both gives broader protection. The name covers word use, while the logo protects stylized or graphical elements.
  4. How long does a trademark/label last? Federal trademarks last 10 years but can be renewed indefinitely with proof of continued commercial use.
  5. What happens if someone copies my label? You may send a cease-and-desist letter, and if infringement continues, you can pursue legal remedies. Proper registration and marking make enforcement easier.

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