How to Trademark a Clothing Label

By Victoria McGrath

A clothing label builds its reputation based on its name, logo and designs. The clothing label must choose a name that will easily become a recognizable trademark. Both the name and logo function as trademarks to identify the clothing label's products and distinguish them from those offered by other clothing labels. The name and logo often work together, as we often see with top fashion designer brands and labels. A strong name and logo need to be protected from both trademark infringement and being diluted. Both federal and state registration provide trademark protections.

Step 1

Choose a name for the clothing label. Compile a list of other clothing label names from trade shows and industry directories. Compare your name to other clothing labels. Rule out any names that are too similar to any other label names.

Step 2

Research all business names online. Search state and federal trademark registration databases for similar names. Make a list of similar names and registered trademark names. Survey prospective consumers to determine if they might be confused between your business name and other similar names.

Protect your brand. Register My Trademark Now

Step 3

Adopt your unique clothing label name and logo. Avoid generic, merely descriptive surnames or regional names. Use your label name to create a stylized mark. A stylized mark includes a select type of font, size and color. Create a unique logo as a complement to the name.

Step 4

Place the clothing label name and logo on the clothing products. Create product samples, catalogs and web pages. Offer the products for commercial trade across a wide geographical range. Sell the products over the Internet for the widest geographic distribution. Use of the mark in commerce creates "common law" trademark rights prior to registration.

Step 5

Register the name and logo as trademarks at the state level. Complete a state registration application in each state where the trademarks will be heavily used. Submit the applications online or in person. The online registration may provide an electronic registration confirmation and email notifications.

Step 6

Register the name and logo as trademarks at the federal level. Complete separate federal trademark registration applications for the name and the logo with the United States Patent and Trademark Office. Describe the stylized marks and include design sketches with the application.

Step 7

Submit the application online or by mail. Provide a sample of the mark as associated with the product. Include a specimen for each type of good offered. Sign a sworn affidavit of ownership rights and pay the applicable filing fee.

Step 8

Protect the label name and logo from unauthorized use and trademark infringement. Continuously use the marks on the goods and offer them for sale in commerce to prevent another label from adopting your mark during a hiatus. Renew your trademarks every 10 years.

Protect your brand. Register My Trademark Now
How to Get a Trademark for a Comic Book Superhero Character

References

Related articles

LLC Name Requirements

A company’s name sets it apart from competition and helps define the business’s identity. Coming up with a name for a limited liability company involves more than just brainstorming for an appropriate moniker. It also involves making sure you comply with state regulations for LLC naming and federal trademark rules.

How to Nationally Trademark a Name

A trademark demonstrates the exclusive right to use a specific mark in trade or commerce. The United States Patent and Trademark Office defines a mark as a symbol, design, word or name or any combination thereof. Although the right to use a trademarked name is established through legitimate use in business, national registration provides additional benefits such as the right to bring legal action against unauthorized use of the name.

How Important Is a DBA?

A trade name, which is the DBA, or doing business as, name, may well be a business's most valuable asset. Through its DBA, a business helps the public form a positive association between the name and the business's services or products. A DBA can create legal and economic problems for a business if it is too similar to a trade name of another business, while registering a DBA can help protect a business trade name against misuse by other businesses.

File a Trademark Online. LegalZoom. Learn More.

Related articles

How to Search Trademark Names for Restaurants

A trademark is a phrase, tagline, name, word or design -- or some combination of these elements -- that is unique. ...

How to Obtain a Trademark for a Food Recipe

You may register a trademark only for the name of your recipe or the name of the food your recipe is describing. ...

How to Copyright a Performing Name

Copyright law does not permit you to protect your performing name, as copyright law only allows for the protection of ...

How To Trademark Something

A trademark is a mark, symbol or combination of words that distinctively identifies a product or service -- McDonald's ...

Browse by category
Ready to Begin? GET STARTED