Trademark Your Fashion Brand

Creating a fashion brand goes beyond just design; it’s about establishing a distinct identity. In the competitive fashion landscape, protecting this identity is crucial. Trademarks safeguard your brand’s name, logo, and slogan, ensuring they are exclusively yours. In this article, we’ll explore the essentials of trademarking a fashion brand, from the basics to post-filing steps.?

What is a Trademark?

A trademark is a legal tool that secures your brand's identity in the marketplace. It can be a name, logo, slogan, sound, color, scent, or any distinctive feature that distinguishes your goods or services from others. For fashion brands, trademarks protect the unique elements that set them apart.

Brand Name

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Your brand name is the cornerstone of your fashion trademark. It’s how consumers identify your products. Trademarking your brand name prevents others from using similar names that could confuse customers or dilute your identity. Whether it's a catchy single word or a phrase reflecting your brand’s ethos, securing a trademark is vital for protection.

• Logo

Your logo visually represents your brand. It’s the symbol customers associate with your products. Trademarking your logo ensures no one can use a similar design that could lead to confusion, helping to maintain your brand's visual integrity.

• Slogan

A slogan encapsulates your brand’s message in a catchy phrase. Trademarking your slogan prevents others from using similar phrasing that might dilute your message. Whether it’s clever wordplay or a straightforward statement, protecting your slogan helps maintain your brand’s uniqueness.

Basic Trademark Costs

Trademarking a fashion brand involves varying costs based on your filing approach and what you aim to protect. Understanding these costs early on helps you make informed decisions.

• One Trademark Per Application

Your application should reflect how you use your trademark in commerce. You can file multiple elements together, like a brand name and logo, or separately. Strategic separate filing can enhance your trademark protection.

“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.” - USPTO

• Filing Options: TEAS Plus & TEAS Standard

When applying for a trademark, you have two main options:?

TEAS Plus - A cost-effective choice with a lower filing fee but stricter requirements. It works well if your brand fits the USPTO’s predefined categories. The filing fee is $250 per class, payable when you submit your application.

TEAS Standard - A more flexible option with a higher fee, allowing you to craft custom descriptions for unique or niche products. The fee is $350 per class, with a minimum fee for at least one class upon application.

• Filing Basis

Your application must be filed under the appropriate basis:

Use in Commerce - For trademarks already in use. You must provide evidence of its current use.

Intent to Use - For trademarks you plan to use in the future. This allows you to secure your trademark while preparing for your launch, requiring a later Statement of Use to complete registration.

• Fee Per Class of Goods/Services

The cost of your application depends on the number of classes you include. Each class represents a different category of products or services, and separate fees apply for each.?

Trademark Classes for the Fashion Industry

Trademark classes categorize goods and services to specify protection. In the fashion industry, several classes are particularly relevant:

Trademark Class 25 (Clothing & Footwear): Covers all clothing, footwear, and headgear, making it essential for fashion brands.

Trademark Class 14 (Jewelry): Protects jewelry items like rings, necklaces, and earrings.

Trademark Class 18 (Handbags & Wallets): Covers leather goods and accessories such as handbags and wallets.

Class 9 (Sunglasses & Eyewear): Relevant for brands offering eyewear, including sunglasses.

The Importance of a Comprehensive Trademark Search

Before filing, a comprehensive trademark search is crucial. It helps you avoid conflicts that could lead to application denial or legal challenges.

Components of a Trademark Search

• Federal and State Trademarks: Check for existing trademarks at both levels to avoid overlapping rights.
• Common Law Trademarks: Even unregistered trademarks can be protected. Search through business directories and domain names.
• Sound, Appearance, and Meaning: Look for similarities in these areas, as they can lead to legal challenges.

• Related Goods/Services: Consider trademarks in similar industries, as they could create confusion.

Trademark Post-Filing Steps

Once you file your application, there are several important steps to keep your trademark active.

Continuous Use of Your Trademark

To maintain your trademark rights, consistently use it in commerce. This keeps your trademark valid and protected.

Record with U.S. Customs

Recording your trademark with U.S. Customs helps prevent counterfeit goods from entering the U.S., protecting your brand from unauthorized copies.

Trademark Monitoring Services

Even after registration, regularly monitor for potential infringements. Services can alert you to new applications or uses that may conflict with your trademark.

Filing Maintenance Documents

To keep your trademark active, file maintenance documents, such as Section 8 and Section 9 filings, at regular intervals. Failing to do so can lead to cancellation of your registration.

Protect Your Brand with a Trademark

Trademarking your fashion brand is essential for building and maintaining your identity. From understanding trademarkable elements to navigating costs and filing processes, these steps ensure your brand remains uniquely yours. Consider conducting a comprehensive trademark search with TradeMark Express and seek professional guidance to navigate the process effectively.

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