How to Register a Trademark for Textiles

Introduction

To register a trademark, you must submit a specimen of your textile or garment. A specimen is an example of the mark as it appears on the goods in commerce. The specimen should be large enough to show details of the mark and any text that is part of the mark. The USPTO will accept samples measuring 3 inches x 3 inches or larger. If your sample is smaller than this, you can submit it along with an enlarged copy (also called an “affidavit”). If you have a fabric swatch book, you can submit one page from the book. You must submit a specimen for each class of goods in which you wish to obtain trademark protection.

USPTO Requirements.

To register a trademark for textiles and garments, the USPTO requires that you submit a sample of the fabric or garment. The purpose of this requirement is to ensure that the mark is actually being used in commerce, as well as in connection with the goods and in interstate commerce.

In order to determine whether your mark is being used on or in connection with textiles or garments in interstate commerce, your product samples will be examined to see if they are made from any fibers.

The USPTO also requires that each class of goods in which you wish to obtain protection be represented by a separate specimen. For example, if you want to register your design as a trademark for both shirts and pants—which fall into two different classes of goods—you would need to submit two specimens: one for shirts and another for pants.

If you have a fabric swatch book, you can submit one page from the book.

If you have a fabric swatch book and the pattern is clearly shown on one page, that page can be submitted in lieu of a sample. If you cannot provide a swatch book, then you may submit one page from the book as part of your application.

If your textile or garment is printed on paper and no physical item exists to review during the examination, then you do not need to submit evidence of use (i.e., advertising or other documentation).

Submit a Specimen for each Class of Goods.

You must submit a specimen for each class of goods in which you wish to obtain trademark protection. A specimen is a label, tag, or container for the goods showing the mark as used on or in connection with the goods. If your mark includes wording associated with it (e.g., “Made in America”), then you must also include that information on your specimen to help show the use of your mark by itself. The USPTO will not register a trademark if they do not have a sample and may also refuse to register applications where there are multiple classes but only one specimen submitted (as opposed to one sample per class).

If your textile or garment is printed on paper, you do not need to provide a swatch; you may simply attach the paper to your application.

In addition, there are other classes of goods and services that are excluded from coverage by the Trademark Act due to their nature. These include:

• Printed matter (e.g., books);
• Clothing; and
• Food products

Submit Samples.

Generally, you must submit original samples to be examined. The samples should be large enough to see the pattern clearly and should be provided for each class of goods in which you wish to obtain trademark protection. If your textile or garment is printed on paper, you do not need to provide a swatch.

Conclusion

Remember, if you are planning to file a trademark application for textiles or garments, make sure to submit samples when you submit your application. If the USPTO does not receive the correct sample size or type of fabric, your application will be rejected and you will have to start over.