THE LAW OFFICES OF SETH YURDIN

Register Your Clothing Brand

Clothing and Accessory Brand Trademarks

FASHION BRAND TRADEMARKS

Successful clothing and accessory brands make the most of intellectual property.  Your valid trademark registration gives you a unique calling card in the marketplace and builds brand recognition and identity. Your registered trademark prevents others from confusing the market and diluting your brand's value. It creates legally protectable value and can help attract investors.  Our clients include lifestyle athletic and fashion market designers.  We help you build and protect your clothing or accessory brand: from choosing your trademark, applying for a registration, and maintaining and enforcing your rights.  

What are the benefits of a trademark registration for my apparel or accessory brand?

 

  • Nationwide protection against others that attempt to adopt or use the trademark after you do.

  • Appearance in the U.S. Patent and Trademark Office database to discourage and deter others from infringing on your mark. 

  • Blocking attempts of others to register confusingly similar marks with the U.S. Patent and Trademark Office.

  • Granting you special legal rights in federal court, including, in certain cases, increased damages and the right to recover attorneys' fees and preventing others from claiming that their use after your registration was in "good faith".

  • Enforcement by U.S. Customs and Border Protection to block infringing and counterfeit imports.

  • Use of the "®" symbol to improve and protect your brand image.

What legal protection is available for my brand and designs?

Your brand name or logo can be protected by a valid trademark registration, which designates the source of the product to the market.  When it comes to individual products, certain images - embossed or printed pictures or designs on textiles - may be eligible for copyright registration.   And certain non-functional design elements may be eligible for design patents or trade dress protection.  While the general shape, style or pattern of a garment cannot be protected, these trademark, copyright and patent intellectual property rights can work together to protect your brand identity and products. For more about the law of fashion brand protection, link here.

Why hire us?

With over twenty years in intellectual property law, including extensive experience representing clothing and accessory designers, we have the background to understand your venture, and provide you with the right strategy to protect and build your brand.  We typically provide TRADEMARK SEARCH and APPLICATION FOR REGISTRATION services on a flat fee basis.

THREE STEPS TO TAKE TO PROTECT YOUR FASHION BRAND

1. Protect Your Brand Name

Select Brand or Label Name

Select your proposed brand or label name. Your name needs to be unique - not used by another in the industry.  Your name should not be easily confused with an existing brand.  Avoid names that are "generic", meaning that the name is a term commonly used to describe the product (like "BLOUSES" for a clothing company).  Also avoid names that are "descriptive", meaning that the name simply describes the product (like "PRETTY BLOUSES" for a clothing company).  To initially rule out conflict with other marks, it is possible to use Google and other search tools. However, an attorney can provide more comprehensive initial screening, helping find possible conflicts as well as reviewing whether a proposed mark meets other requirements for protection. 

Trademark Search

Working with a trademark attorney, undertake a comprehensive TRADEMARK SEARCH.   A TRADEMARK SEARCH helps ensure you have the vital information you need to decide whether your chosen name is likely available for trademark protection or whether you are potentially infringing on another's rights. A proper search should include current and pending registrations as well as comprehensive industry directories as well as the internet and other sources. This search will include results for similar sounding but differently spelled names.  For more about TRADEMARK SEARCH, link here.

Apply for Trademark Registration

Apply for a federal trademark registration with the U.S. Patent and Trademark Office.  A federal registration provides your brand with the broadest trademark protection available including providing notice to possible infringers, nationwide presumption of use and protection, special rights in federal court and eligibility for enforcement by U.S. Customs.   Based upon the TRADEMARK SEARCH, a trademark attorney can work with you to draft and file the trademark APPLICATION FOR REGISTRATION to ensure proper protection of your mark and reduce the chances of the U.S. Patent and Trademark Office refusing registration.  For more about filing an APPLICATION FOR REGISTRATION, link here.

2. Protect Your Designs

Review designs and lines for copyright, design patent and/or trade dress protection.

Evaluate and review your designs for legally protectable elements, including:

  • For prints, patterns, images and graphic designs - copyright registration may be available.

  • For design elements that may last longer than a single season, such as signature features or flagship products - design patents may be available. These elements must be non-functional to be eligible for design patent protection.

In addition, if particular non-functional design elements are strongly associated by consumers in the market with the designer and are also understood by consumers in the market to designate the origin of the goods, trade dress protection may be available.  Trade dress protection functions similarly to a trademark.

3. Enforce your Brand and Designs

Record Trademark Registrations with U.S. Customs

Once you receive a federal trademark registration, designers and brands should consider recording their trademarks with United States Customs and Border Protection in the event they are concerned with possible import of counterfeit or infringing goods.  Registration with CBP places your trademark information in the CBP database and is available at all ports of entry.  CBP may then take enforcement action against suspect or counterfeit goods.  

Develop Enforcement Strategies

Once you have determined and secured your legally protectable rights - such as trademark and copyright registrations, consider employing a plan to enforce protection of your rights.  Plans include: monitoring the United States Patent and Trademark Office for new infringing applications (for more on TRADEMARK MONITORING link here) and periodically reviewing the relevant marketplace for potential infringement.  Enforcement actions themselves can include an attorney's letter demanding an infringer 'cease-and-desist' or a "takedown" demand to internet service providers or online platforms such as Google, Facebook and Amazon, requesting that infringing materials be removed. For more on ENFORCEMENT OF RIGHTS link here.

Contact us for more information.

Questions?  Call us at +1 (617) 286-2852. Or use the form below to contact us regarding your clothing or accessory trademark. You may also email or call us to make an appointment.

 
 
 
 
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