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). Your clothing line must be unique with an original name, slogan, and logo to qualify for trademark protection. Generic or descriptive names won’t qualify. Once you’ve chosen a name for your clothing line, that trademark becomes the element distinguishing your line from competitors. To trademark your brand name and logo, start by searching online to make sure no one else is using the name you’ve chosen. Perform a web search as well as one on the U.S. Patent and Trademark Office website. If someone else has trademarked the name, you’ll need to create a new one. Next, develop a unique brand logo that uses the name and incorporates a unique combination of design, font, size, and color. Once you’ve got a unique brand name and logo, it’s time to trademark it with your state by completing the application and paying the fee.
Filing a trademark for your clothing brand is just the first step. Your trademark will be one of the most important and valuable business assets you have. Conducting proper clearance due diligence on the text names upfront and before submitting an application to the USPTO is essential.
There are 4 main types of trademarks:
- Word Marks which are words used to identify a brand
- Design Marks which are unique graphics, logos, or images that identify a brand
- Shape Marks to protect a unique, distinguishable product shape/design
- Color Marks to protect branded use of a single or combination of colors
To officially protect your trademark clothing brand name and gain exclusive rights, you’ll want to pursue a trademark registration. File for trademark registration in the countries where you currently do business or plan to in the future. Once registered, use the ® symbol with your brand name to denote a registered trademark. If your application is pending, use the TM symbol. These symbols act as a deterrent to potential infringers.