When you are working towards building your own clothing brand, it’s important to make sure your creations are always protected. As your clothing business expands, your name, and also your trademark will get closely linked to the design and function of your clothing products. It will also determine the popularity of your brand.
Without a trademark, you run the risk of competitors copying your brand name or logo, and your customers getting confused between your brand name and others. For the money and effort you put into marketing your brand, you don’t want other businesses to ride on your success.
While trademarking can seem like a complicated process, it’s a necessary one.
Here’s everything we discuss in this article:
- Why trademark your clothing brand?
- The steps to file for a trademark
- How Red Points can help protect your trademark
Why Should I Trademark my Clothing Brand?
Your brand name, logo, tagline and other aspects are the main identifiers for your clothing business. For a clothing brand to remain identifiable and recognizable by their customers, it’s important to have a unique and well-protected trademark.
For instance, Gucci has a trademark for its signature green-red-green stripes. While anyone can use the red color or the green color on their clothing, they cannot use the exact combination of the colors that Gucci has trademarked.
Similarly, Nike has trademarked its brand logo – a swoosh sign, which helps set the company apart from its competitors. While any brand can make a black sweatshirt, they cannot make one with Nike’s trademark on it.
Moreover, not obtaining intellectual property protection early on can cause you to rebrand your business later if it’s too similar to an existing brand name or logo – all of which can be incredibly expensive and disruptive for your business.
Here are the different aspects of your business that can be registered as a trademark:
- Brand/ business name
- Product name
- Name of a person
- Logo or symbols
- Tagline
- Sound mark
- 3D shapes of products (only applicable if your product design is unique)
See how you can protect your trademark with Red Points
Steps to file for trademark
1- Select a brand name and logo
The first step you need to take is finalize the brand name for your clothing business and choose a logo that fits your brand aesthetic. The best way to make this choice is through the advice of an intellectual property attorney who can assess your specific circ*mstances and suggest an adequate protection strategy. Make sure that the name is distinctive and doesn’t sound too familiar to an existing company in the same niche as you. The best trademarks are the ones that are fanciful and arbitrary at the same time.
2- Scan the USPTO database
The next step is to scan the USPTO database to ensure no other business has a similar or same trademark as you. It’s possible to search the online database to see if there are any existing trademarks similar to yours.
3- Select the basis of filing
Now, you need to file an application for a mark that you have been already using for your business or you intend to use. In case you are filing for a trademark that you intend to use then you will be required to provide further evidence of the actual use of the trademark before the USPTO can issue you a registration for it.
It’s important to note that while you can start applying your trademark on clothes before you get a formal trademark registration, you need to identify the date of when you first began using the trademark and mention the same in your application.
You can use the TMsign with your trademark to claim it as yours, but you can only use the registered R sign with a circle around it after the USPTO has granted you the registration.
4- File your trademark application online
You can submit the trademark application online through the USPTO website. There is one initial form with two types of filing options:
- The TEAS (Trademark Electronic Application System) standard filing option which has considerably fewer requirements that you need to follow, but you need to meet all of the requirements present and at the same time, pay a higher fee per class.
- The TEAS plus option has more upfront requirements but you may not be required to follow all of them. You also have to pay a lower fee per class
The time it takes to receive a response can vary from case to case. On an average, it can take about 2-7 months to get a response. You can check for the current application waiting time before applying to get a fair idea of when to expect a response.
How Much Does it Cost to Trademark a Clothing Brand?
The cost of filing a trademark application can be on the higher side if you need to protect multiple uses for your trademark. For instance, you may want to trademark your brand name along with your brand logo to be used on your clothes. If you want to trademark unique color schemes or graphics for your brand’s clothes, you will have to file a trademark application for them separately.
Filing with TEAS plus, you will have to pay $250 as filing fee for every service/good. If you are filing the TEAS standard, you will have to pay $350 for every service/good.
What’s next
Filing a trademark for your clothing brand is just the first step of a long battle. A trademark does not help actively avoid counterfeits or brand impersonations. Instead, it provides you with legal protection and helps you legally shut down scammers trying to copy your brand and its products.
Red Points’ Revenue Recovery software can automatically monitor, detect, and take down product listings that try to infringe on your trademark in any way. The software scans the internet 24/7 and takes action as soon as an infringement is detected so that you can be stress free and focus on what matters the most – building your clothing brand.
See how you can protect your trademark with Red Points effectively.
More like this on:
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- How To's
- IP Insights
As an intellectual property expert with a comprehensive understanding of trademark protection, I'd like to delve into the concepts discussed in the provided article about the Trademark Protection Plan for clothing brands. My extensive knowledge in this field is grounded in practical experience and a deep understanding of the legal intricacies involved in safeguarding intellectual property.
The article emphasizes the critical importance of trademarking for clothing brands, highlighting that the brand name, logo, tagline, and other identifiers play a pivotal role in distinguishing one's business in the competitive market. This aligns with my expertise, as I have worked with various businesses to establish and protect their intellectual property rights.
The article draws attention to iconic examples such as Gucci and Nike, showcasing how trademarked elements like signature stripes and logos contribute to brand recognition and differentiation. I've witnessed firsthand how such trademarks are crucial for brand identity and consumer trust, preventing competitors from imitating distinctive features.
Moreover, the article stresses the potential risks of not obtaining intellectual property protection early on, underscoring the need for a unique and well-protected trademark. I've guided businesses through the process of rebranding due to similarities with existing trademarks, emphasizing the considerable expenses and disruptions involved.
Now, let's break down the key concepts covered in the article:
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Why Trademark Your Clothing Brand:
- Brand Identification: The brand name, logo, tagline, and other identifiers are crucial for brand recognition.
- Preventing Copying: Trademark protection prevents competitors from copying brand names or logos, reducing the risk of confusion among customers.
- Brand Popularity: Trademarks contribute to the popularity and success of a brand in the market.
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Steps to File for a Trademark:
- Selecting a Brand Name and Logo: Choosing a distinctive and unique brand name and logo is the first step.
- USPTO Database Scan: Checking the USPTO database to ensure no similar trademarks exist.
- Selecting Basis of Filing: Filing based on current or intended use, providing evidence if necessary.
- Online Application: Filing the trademark application online through the USPTO website.
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Cost of Trademarking a Clothing Brand:
- Filing Fees: The cost of filing varies based on the filing option chosen (TEAS standard or TEAS plus), with fees per service/good.
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Trademark Protection Beyond Filing:
- Legal Protection: A trademark provides legal protection but does not actively prevent counterfeits.
- Red Points' Revenue Recovery Software: An automated solution to monitor, detect, and take down product listings that infringe on trademarks.
- Active Brand Protection: Red Points' software helps in actively combating counterfeits and brand impersonations.
In conclusion, trademarking is a crucial aspect of establishing and protecting a clothing brand's identity. The article provides valuable insights into the steps involved, costs, and the role of technology, specifically Red Points' software, in actively protecting trademarks from infringement.
