How To Trademark a Clothing Brand Without Breaking a Sweat
Many popular designers use logos or initials to separate their items from competitor brands. If you want to establish yourself in the fashion industry even further, you need an eye-catching trademark. In this article, we show you how to trademark a clothing brand using DoNotPay and break down the trademark protection laws.
The best way to prevent competing brands from stealing your ideas is to file a trademark. A trademark can benefit small businesses in many ways—from ensuring brand recognition to solidifying their position in the industry.
Take a look at the three main reasons for trademarking your clothing brand:
- Legal recognition in the federal court—After you register a trademark, you will have the right to prosecute any individual or organization that tries to copy your brand. All you need to provide as evidence of ownership is the registration certificate. You will also be entitled to monetary compensation for the infringement
- Confiscation of counterfeit goods at the border—You have the right to forward your trademark registration details to the U.S. Custom and Border Protection (CBP). It will allow them to intercept any clothing items that are unlawfully labeled with your trademark
- The power to protect your brand outside U.S. borders—If you plan on tapping into the international market, a trademark registration can safeguard your brand outside the U.S. The so-called Madrid Protocol will protect your trademark in 124 countries worldwide
|Copyright||Trademark and Service Mark|
Instead of copyrighting each individual design, the better solution is to apply a trademark to all the labels and tags on your clothing items and ensure brand recognition and protection.
The most frequent types of trademarks you can use are:
If you are selling your clothes through social media platforms, you can also consider trademarking your username. Customers are probably already using it to reference your brand, so why not capitalize on it?
To get started with trademark registration, you must first decide what level of protection you are aiming for:
- Local protection—If you only want to operate on a local level, you don’t need to register at all. Common law rights protect trademark holders in the immediate area
- State trademark protection—You can apply with the United States Patent and Trademark Office (USPTO) for state registration. Your clothing brand will be safe from fraudulent behavior within the state lines but no further
- Federal trademark protection—The only way to ensure your brand is protected throughout the U.S. is to file for federal registration. The USPTO will add your trademark to the public database automatically
You need to prepare for the process. All applicants are required to meet certain preconditions. The mandatory steps to filing a trademark with the USPTO include:
- Searching the USPTO database to make sure the trademark is available
- Categorizing your clothing brand in one of the 45 classes created by the World Intellectual Property Organization (WIPO)
- Selecting a Trademark Electronic Application System filing option (there are two)
- Filling out the chosen trademark application form with the following information:
- Legal name and contact information
- Trademark type
- Proof of use or statement of intent to use in commerce
- Proof of paid registration fees
Which USPTO application form you select will determine the initial trademark cost. You have two pricing options:
- TEAS Plus—$250 per trademark class, and you must pay the full fee upfront
- TEAS Standard—$350 per class, but you can make two payments—one as you register and another later in the process
Some people hire an IP lawyer to help them fill out the application since the USPTO is incredibly strict with the requirements. If you are considering this option, note that the flat attorney fees will increase your expenses.
There is an affordable and reliable way to register your trademark—DoNotPay. With our Trademark Registration product, the entire process is streamlined by a powerful algorithm. You will be able to sail through the paperwork without any missteps.
Here’s how to trademark a clothing company with DoNotPay:
- Sign up for DoNotPay
- Select the Trademark Registration product
- Describe the trademark type and answer questions about your clothing brand
- Verify that you have paid the required percentage of fees
After completing the steps, e-sign the document and have DoNotPay deliver it to the USPTO for evaluation.
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