Trademarks for clothing brands can be surprisingly tricky. If you’re launching a clothing brand, it’s important to know that simply printing your logo on a T-shirt or hat doesn’t automatically qualify it for trademark protection. The United States Patent and Trademark Office (USPTO) requires that your logo function as a source identifier, not just a decorative design. Here’s what that means and how to avoid common pitfalls.
What We Will We Cover
This guide can help you learn about trademarks for clothing brands, so you can take the necessary steps to protect your clothing brand, safeguard your apparel logo, and avoid costly mistakes that could impact your business.
- Learn about common trademark mistakes that could jeopardize your brand’s success.
- Understand the difference between a brand logo and a legally protected trademark.
The Problem
The use of a brand in that way could be seen as a decoration, or merely “ornamental.” The actual trademark is usually printed on the sewn-in tag or on the hang tag where you usually find the price. That is where the brand acts as a “source identifier.”
The Solution
In order to qualify as a trademark for a clothing brand, the brand must be a “source identifiers.” In other words, a consumer would have to be able to look at the branding and know which company is offering the goods or services. When a consumer sees a design on the front of the shirt, it might register as just a design. However, consumers know that the tags are where the brand name can be found. Sometimes, a brand on the front of a shirt or hat can act as a trademark, if the logo is not predominant and looks like a brand instead of a decoration.
This issue arises then new apparel companies come out with their first batch of clothes, but print their logo on the front of plain customizable clothing, such as Hanes or Gildan. The tags will still say “Hanes” or “Gildan.”
Why This Is Important for USPTO Trademark Applications
As part of the USPTO application process, you are required to show that your trademark is being used on your products as a source identifier. For trademarks for clothing brands, a common option is to submit a photograph showing the trademark on an article of clothing. Unfortunately, if the photo only shows the brand name on the front of the shirt or hat in a way that looks like a decoration, you will likely receive a rejection from the USPTO. The only way to overcome the rejection is to show your brand name as a source identifier, such as on a hang tag or a sewn-in tag.
Trademarks for Clothing Brands Bottom Line
Apparel startups often make the mistake of showcasing their logo as decoration—rather than as a legal trademark. To obtain trademarks for clothing brands, make sure you’re using your mark in a way the USPTO recognizes: on hang tags, sewn-in labels, or other places where consumers expect to find the brand. A little planning up front can save you from costly rejections later.
Have questions about your trademark application?
Contact Stemer Law | hello@stemerlaw.com | (303) 928-1094 | Based in Colorado | Serving clients nationwide and internationally
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