How to Trademark a Clothing Brand Name (Top 15 Tips)

You can trademark your clothing brand’s name, logo, slogans, and distinctive design elements to prevent competitors from copying your brand identity. The process involves filing with the U.S. Patent and Trademark Office (USPTO) in the correct trademark class (typically Class 25 for apparel goods and Class 35 for retail services), alongside providing proper specimens and proving use in commerce. The main challenges apparel brands face are ornamental use rejections, conflicts with existing trademarks, and specimen issues. Read on to learn what’s protectable, when to file, and how to avoid common mistakes, which will save you time, money, and the pain of forced rebranding.

What Trademark Protection Does for Clothing Brands

A clothing brand trademark gives you exclusive legal rights to use the specific branding you have on anything from your apparel to advertisements. It essentially prevents others from using names or logos that are too similar to the existing ones in the fashion space. If someone tries to copy your brand and you have a registered trademark, you can sue for infringement and recover damages. As such, a trademark essentially separates legitimate brands from copycats.

However, that protection doesn’t prevent others from making similar clothing. It only protects your brand identity (i.e. how you market your offer). If you want to protect unique design elements, you’d need a design patent, which is an entirely different type of protection. Here’s what you need to know about trademarks if you’re a fashion startup.

What Elements of a Clothing Brand Are Eligible for Trademarks

Not everything about your clothing brand can be trademarked. In general, anything that can be used for “branding” or “uniqueness” fits the bill here. This includes:

• Brand names and clothing line names: Your brand name is your primary asset. Whether it’s a single word like “Everlane” or a phrase like “Off-White,” it’s protectable. A clothing line name can also be trademarked separately if you can prove you’re unique or distinct enough from the competition.
• Logos, symbols, and wordmarks: Your visual logo, company icon, or stylized text is highly protectable. These are what consumers recognize immediately when they spot your labels or ads.
• Slogans and distinctive phrases: Catchphrases like Nike’s “Just Do It” can be trademarked if they’ve become associated with your company.
• Trade dress and limited design protection: Product packaging, color combinations, or unique design elements can sometimes be trademarked, but this is tricky. The design must be distinctive and non-functional to qualify.

You can’t trademark purely functional designs, generic terms (like “Athletic Clothing”), or designs that are merely ornamental without any brand-distinctive purpose. This is where many apparel designers run into problems.

Trademarks vs. Other IP for Clothing Brands

Trademarks cover names, logos, and slogans (anything used in marketing). But it’s only one option for protecting your company.

The other is a design patent, which protects the unique appearance of physical designs. It can apply to the actual clothes or specific innovations, keeping them from being copied by competitors. Of course, clothing designs are rarely eligible for design patents because they’re often considered ornamental rather than having a novel, non-obvious appearance.

The third option is copyright, which ordinarily protects creative work. However, clothing has extremely limited copyright options, usually applicable only to specific art or photography used as embellishments rather than the actual design or look of the apparel.

Considering the inherent limitations of other these options, fashion (or more specifically clothing) companies usually rely only on trademarks. It protects the brand name and logo from being copied or creating similar-sounding marketing that might cause customers to jump ship.

A trademark in the fashion industry can also help keep your reputation intact. Should someone manage to infringe on your copyright, but develop less desirable or subpar clothing, the linkage between their brand name and the original (even if it was falsified) drags down the original’s perception in the eyes of consumers.

When a Clothing Brand Should File for a Trademark

You have two options when deciding how to register a clothing brand with a trademark, depending on how far along the design and production process you are.

You can file a registration based on a “bona fide intent to use,” meaning you have a genuine plan to launch but haven’t sold yet. This is smart if you’ve finalized your branding and logo but need protection immediately. However, you must eventually demonstrate actual use in commerce within 6-12 months.

If you’ve already launched and sold products, you can file with proof of actual use. This is often easier because you have concrete evidence of the mark in commerce.

But beyond that, it’s important to get the registration done sooner rather than later. Every day you delay, a competitor could register a trademark confusingly similar to yours. If someone does, you could be forced to rebrand. You need to get your legal protection sorted before going to market, since once it has traction, that protection becomes urgent.

Trademark Classes Relevant to Clothing Businesses

The USPTO organizes trademarks by class. For clothing brands, two main classes apply:

• Class 25: Clothing, footwear, and headwear. This is your main “apparel” class. If you’re selling t-shirts, jackets, pants, or any apparel items, file in this class.
• Class 35: Retail and online store services. If you’re selling through your own e-commerce site or retail locations, consider filing in Class 35 as well to protect your retail and online distribution channels.

You can technically file in multiple classes, which costs more but gives more protection. Many companies start with the apparel class and then end up filing in both as their business expands.

Checking Availability

Before you file, you must search the USPTO’s federal trademark database for conflicts. A conflict doesn’t just mean an identical name. It can merely be a confusingly similar name in a related category, one where the customer might not be sure which brand it’s about if it sees it out in the open. For clothing, “Nike” and “Niker” would conflict. “Nike” and “Nike Sauce” might not.

In line with that, names with common fashion terms are harder to protect. “Premium Apparel Co.” would be too descriptive of what you’re providing rather than any specific branding message or uniqueness (as there are presumably a lot of premium apparel options). “Evermore Threads” is more distinctive.

Just look at how popular brands got their names. Most of them don’t sound like existing words because they are not descriptive, but have marketing potential. Invented words (like “Veja”) are strongest. Unique combinations (like “Allbirds”) are strong. Descriptive names (like “Quality Clothing”) are weak and may be rejected entirely.

Filing a Trademark Application

Filing is done through the USPTO using their online Trademark Electronic Application System (TEAS). You’ll need to select the correct trademark class, choose your filing basis (intent to use or actual use), define your goods and services accurately, and upload your trademark image (logo or wordmark).

Speaking of, how you described “goods and services” in your brand matters enormously. The narrower you are, the easier it is to get it registered. Something like “cotton t-shirts, athletic wear, hoodies, and accessories for men and women” directly says what types of a trademark clothing line will be covered by your branding. More specific definitions give you stronger protection but also a narrower scope.

Trademark Specimens

This is where many clothing designers fail. A trademark specimen is proof that you’re actually using the branding in commerce. For clothing, they can be product labels and tags with the full trademark, packaging with the brand name visible, hang tags on clothing, product photos showing the trademark on items, and website screenshots showing the brand name and products for sale.

There are four common mistakes to steer clear from when proving you’re using the mark:

• submitting artwork files instead of actual product images,
• showing your logo but not the actual clothing,
• using mockups that haven’t been produced,
• submitting social media screenshots without a clear product context.

For online-only brands, you can provide website screenshots, but make sure they show your name, the products, and a clear way to purchase. The USPTO needs to see that you’re actually on the market and making sales.

USPTO Review for Apparel Trademarks

After you file, the USPTO reviews your application. You may face two main types of refusals:

• Similarity refusals: There’s already a trademark that has similar wording and in the same industry in the database. You can argue that your mark is different, or you might need to modify your application or brand name.
• Ornamental refusals: The examiner says your design is merely ornamental decoration without a source-identifying function. This happens when designs are decorative rather than brand-identifying. Your counterargument: the design has become associated with your brand and serves to identify you to consumers.

Don’t ignore refusals. Most can be addressed with a proper response, often called an amendment or evidence of acquired distinctiveness.

Next Steps After Registration

Once your trademark is registered, you should use the ® symbol to indicate its legal status (you can use the ™ symbol while waiting for the application to be processed). Then, you need to properly maintain the trademark by mentioning it in your terms of service and separating it from generic terms. You can also use online tools or professional trademark services to monitor for infringement and take action when competitors use similar marks. Some services also provide another layer of protection by reminding you to renew your trademark every 10 years and provide proof of continued use in commerce at required intervals.

Cost Considerations

Government filing fees typically cost $250-$350 per class. So if you file in two classes (Class 25 and 35), expect $500-$700 just in government fees. DIY online filing costs less than using an attorney, but you lose expert guidance and error correction.

If you decide to use trademark attorneys, expect to pay between $500-$2,000 to handle the entire process. This includes searching, filing, and responding to any rejections. For growing brands, this investment is worthwhile, as it prevents costly mistakes and rejections.

The renewal costs around $300-$400 per class, while maintenance filings cost between $150-$200.

Finally, don’t forget to set aside a budget for potential legal proceedings in case of infringement.

International Considerations

If you sell online across borders or plan international expansion, a U.S. registration alone isn’t enough. An EU customer can create a similar mark in Europe without violating your U.S. rights, so you need to plan for international trademark registration.

Consider international filings if: your e-commerce reaches Europe, Asia, or other major markets, you plan to expand globally within 3-5 years, or your brand is valuable enough to justify protection costs. You can file under the Madrid Protocol to protect your trademark in multiple countries simultaneously.

Common Mistakes

• Choosing descriptive names: “Sustainable Fashion Co.” describes what you do, but isn’t distinctive. “Patagonia” is distinctive. Descriptive marks face higher refusal rates and weaker protection.
• Filing in wrong classes: Filing only in Class 25 when you should also file Class 35 for e-commerce leaves gaps in protection.
• Assuming logos are automatically protected: Logos need trademark registration just like names do. Unregistered logos offer limited protection.
• Poor specimen submissions: Rejections often come from bad specimens, not the brand name itself. Take clear product photos showing your trademark prominently.

How to Build a Strong Trademark Strategy

If you plan to launch multiple product lines (e.g., apparel, accessories, footwear), you should keep them all under separate branding and trademarks.

This can be done in a few different ways, with the most common being adding a descriptor word for subsequent fashion lines designed for a different audience. For example, if you’re a luxury jacket designer, you should create a separate trademark for when you want to expand to accessories or create a secondary line that’s not as exclusive. This is mainly applicable if the intention is for the different product lines to be marketed separately.

The main implication here is that your sub-brands are still connected to the main line through name, but are separate in trademark protection. If a line faces legal issues, the other ones stay protected under their own original filings.

Next Steps for Protecting Your Clothing Brand

Don’t let trademark protection be an afterthought. Start today:

1. Review your current brand assets: brand name, logo, slogans, product line names.
2. Search the federal trademark database for conflicts.
3. Evaluate distinctiveness: Are your brand names strong enough to protect? Do they avoid generic or descriptive language?
4. Gather specimen evidence: Have product photos, packaging, or website screenshots ready showing your trademark in actual commerce.
5. Decide on filing timing: Launch soon? File before. Already selling? File now with proof of use.
6. File your application: Use TEAS or hire an attorney to ensure proper filing.

Protect your clothing brand from trademark conflicts with Protect.TM. Our trademark conflict check identifies confusingly similar marks before you invest time and money building your brand. We scan the federal and EU databases and flag potential issues early. Avoid costly rejections, conflicts, and forced rebranding. Get started by performing a thorough search today.

FAQs

Do clothing brands need separate trademarks for collections?

Not necessarily. Your main clothing brand trademark covers all your products, including collections. However, if a collection becomes a major sub-brand with its own identity (like “Nike Air” or “Lululemon Mirror”), you can file a separate trademark for it. Most brands start with one umbrella trademark and add sub-brands as they grow.

Can I trademark a clothing brand before it’s public?

Yes, absolutely. You can file for a trademark based on “intent to use” before you officially launch. This is common for brands building hype before launch. You’ll eventually need to provide proof of use in commerce within 6-12 months, but filing early secures your priority date and prevents competitors from registering similar marks.

What risks come with adding a new product line to a clothing brand?

If you expand into new categories (like footwear or accessories), your existing Class 25 trademark should already cover these. However, if you use a completely different brand name for the new line, you’ll need a separate trademark application. Also, ensure the new line doesn’t accidentally create confusion with your main brand.

Can changing a few letters prevent trademark conflicts?

No. The USPTO and courts evaluate confusing similarity holistically. “Nike” and “Nikey” would still conflict. “Adidas” and “Adidus” would conflict. Small variations don’t protect you—the overall impression and likelihood of confusion matter. This is why choosing a distinctive name from the start is so important.