How to Register a Trademark for Clothing
Introduction
The trademark process is not easy, but it’s a lot easier if you know what to do and when to do it. Trademarks are a critical part of any company’s marketing strategy so it’s important to do your research before filing for registration with the USPTO. This article will explain how to register a trademark for Clothing and give you some tips on what not to do as well!
What is a Trademark?
A trademark is a word, phrase, symbol or design, or a combination of these elements, that identifies and distinguishes the source of the goods of one party from those of others. In other words, it’s your brand name.
For example, Apple Computer Corporation’s logo consists of an apple with a bite out of it. The bite in the apple represents they were bitten by something (the computer bug) which made them successful.
Why Trademark?
Trademark registration helps protect your brand name so that no one else can use it as their own without first getting permission from you. For example, if someone were to open up a clothing store called “Your Fashion Store” and didn’t register their trademark before opening this business, anyone could come along after them and also call themselves “Your Fashion Store.” By registering your trademark with the U.S. Patent and Trademark Office (USPTO), you can make sure no one will be able to do this in the future and steal away potential customers who are looking for something similar or very similar to what yours is offering.
Trademark® vs. Registered®
You can easily tell whether a trademark is registered by looking at the symbol ® next to it.
If you see the symbol ®, then you know that the owner of that mark has filed an application for registration with the United States Patent and Trademark Office (USPTO). If there is no ®, then it means that someone else has filed their own application for this same mark with the USPTO. In this case, if you want to use your own version of this mark in interstate commerce, you may have some problems with getting approval from both parties because there would be a conflict between them.
Protect your Brand Name
If you want to protect your brand name, trademark registration is the best way to do so. To register a trademark for clothing, you must:
- Use the mark in commerce. For example, if you sell something with your clothing mark on it (i.e., clothing), then you should be able to register that mark as a trademark.
- Have used the property in a different state or country than where you are trying to register it (if applicable)? If not, we recommend registering under common law rights instead of through federal registration because this will allow your protection from being challenged by another company who may claim they own rights over similar marks seen elsewhere in other states or countries where they have already established businesses before yours existed locally here at home.
Is your Name Already Taken?
Before you register a trademark, make sure your product name isn’t already taken. The best way to do that is to check the USPTO database of registered trademarks.
You can also search for similar marks on the USPTO website. This database includes marks that have been registered and are still in use, as well as those which have expired but may still be available for use.
When searching this database, look for similar products and services (goods or services), not just similar names. For example, if you want to register “The Clown Circus,” search only under Clothing & Accessories; if you’re searching specifically for clothing stores or manufacturers using this name, choose another category from the dropdown menu on the left side of the screen before entering your search term(s).
Use the Mark in Commerce.
You must use the trademark in commerce. This is one of the most important aspects of registering a trademark for clothing. You must show that you have used it and that you intend to continue using it.
Use of your mark in commerce also shows that you have established a secondary meaning for the mark as an identifier of source and enables your mark to be eligible for registration on Principal Register (the preferred register). Use in commerce establishes that you are being recognized by consumers as the source of goods and services through association with the trademarked word or symbol. As long as your use continues, any changes made to your product line will not affect its continued eligibility for registration on either register because it has already acquired distinctiveness through use in connection with those products.
Have you Marketed your Product in Another State or Country?
If you have used a trademark in interstate commerce, or if your product is sold outside the United States, this can help you win your case. For example, if your products are sold in another state or country, that is considered the use of a mark in interstate commerce. Similarly, if someone buys one of your products online from another country (for example, an online clothing store based in Australia), that’s considered as foreign use by the USPTO.
If you’ve used the mark before filing an application with them and they approve it later on down the line then they’ll know that it’s been used before so they won’t be concerned about whether or not people will confuse their mark with someone else’s since there are already other products out there using similar suffixes/words but spelled differently than yours.
Sell Items under a Different Name.
You can also register your trade dress. Trade dress is how the item looks, feels, and is displayed. This could include a logo or packaging, but it can also refer to unique styles of clothing. To have a successful trade dress registration, you’ll need to show that your product has acquired distinctiveness through advertising and sales success.
You might consider registering both trademarks and trade dresses so you have complete protection over your brand identity in both categories.
How to Register a Trademark
To register your mark as a trademark you must submit an application with the U.S Patent & Trademark Office (USPTO) on their website: https://www1.uspto.gov/trademarks-application-process. The cost for filing this application starts at $275 USD per class but will vary depending on how many classes you classify under (see below). The process takes approximately 12 months so make sure to plan ahead!
You cannot simply use any name when registering with USPTO; it has to be unique enough such that no other entity uses this same mark anywhere else (in any country). For example, if we wanted something like “Cotton Clothing Store”, this would be considered too generic because anyone could potentially apply this name to their business since cotton clothing isn’t limited to only being sold by one company; however, if we had something more specific like “Cotton Clothing Store” then there would be no issue registering our name as long as someone else wasn’t already using it somewhere else around world wide internet space!
The Steps to Register a Trademark Include:
Step 1 – Review the USPTO’s Requirements and Get Help When You Need It!
The first step to registering a trademark for clothing is to review the USPTO’s requirements and get help when you need it. The USPTO’s requirements aren’t always clear and there are lawyers who specialize in trademarks.
Step 2 – Determine if Your Mark is Entitled to Trademark Protection.
Why Trademark?
Registering your mark gives you exclusive rights over its use in connection with your line of clothing, including selling clothing under your name and logo, selling shirts with t-shirts bearing your name on them and even allowing another company to use your mark if they pay you royalties for their use (i.e., licensing). This means that no one else can register this exact same name/logo for clothing without violating yours; however, there are certain exceptions like fair use where someone else may be able to use something similar without infringing upon what you’ve registered (for example: using another company’s logo but slightly changing how it looks).
Step 3 – Identify the Specific Goods and Services that you want to Protect with Your Mark.
The next step is to identify the specific goods and services you want to protect with your mark. Your proposed mark must be used on or in connection with some type of good or service. You can use your trademark for clothing to cover clothing, such as shirts, pants, and jackets. However, if you want to protect your apparel brand against unauthorized use by other clothing companies (as well as other types of businesses), it’s important that you don’t just list all types of clothing under one category when submitting your application. Instead, consider creating additional classes for all the different types of products offered by the business: shirts, pants, and jackets are all examples of what could fall into this category under “apparel.”
This step also requires that these goods and services be related in nature—that if someone sees one product being sold at a store like Walmart or Target they might logically assume that any other products sold there are also available from Walmart or Target (or another similar store). This makes sense because it helps consumers make quick decisions when shopping online; they don’t have time read through lengthy descriptions about each possible option before deciding whether or not they want something specific enough
Step 4 – Search Existing Trademarks.
Once your trademark application is filed, you can use the USPTO Trademark Electronic Search System (TESS) to search for existing trademarks. TESS is a free online tool that allows you to check a particular mark against all pending and registered marks in the United States. You will also want to hire a professional search service provider, such as LegalZoom or Trademarkia, to help you conduct an extensive trademark search before filing your own application.
Step 5 – Submit Your Application to Register Your Trademark with the USPTO.
Once you receive a notice of allowance, you have six months to respond. If you fail to respond within this time period, your application will be abandoned and you will have to start the process from scratch.
Step 6 – Respond to Any Office Actions from USPTO.
If you receive an office action from the USPTO, you must respond within six months. If you do not, your application will be considered abandoned and will be rejected by the Office. Your response should include any amendments or arguments to address each issue raised in the office action.
Once your application is accepted for publication, a notice of publication will be published in the Official Gazette (which is available online at www.uspto.gov). This notice alerts third parties that your trademark has been published for opposition purposes, allowing them 30 days from the date of publication to file an opposition with the Trademark Trial and Appeal Board (TTAB).
Conclusion
We hope this article has been helpful in guiding you through the process of trademark registration for Clothing, and we wish you all the best on your journey to success.
