Introduction: Why Trademarking Your Clothing Brand Matters
If you're launching a clothing line, one of the most important legal steps you can take is securing a trademark for your brand name, logo, and slogan.
Your brand identity is the foundation of your clothing business. It’s what makes your apparel recognizable, builds customer loyalty, and protects you from knockoffs. Without a federally registered trademark, anyone can potentially mimic your brand name—and you may have limited legal power to stop them.
This guide will show you how to trademark your clothing brand the right way and avoid costly mistakes. Whether you're just brainstorming your name or already selling online, here are the five most critical things you need to know.
1. How to Choose a Unique, Trademarkable Clothing Brand Name
Deciding how do you trademark a clothing brand begins with choosing a distinctive and brandable name. Not only should it appeal to customers, but it must also be legally defensible.
Strong Naming Strategies:
- Coin new words like Nike or Adidas—a proven trademarkable strategy.
- Modify existing words (e.g., Zappos from Zapatos), making the name unique yet relatable.
- Combine two unrelated words (e.g., Under Armour or New Balance), creating memorable brand names.
- Create evocative phrases or made-up words—Instagram or Everlane are strong examples.
Avoid descriptive names (e.g., “Soft Tees”) and industry terms like “Denim Wear.” These are hard to protect and risk rejection.
Before committing to a name, conduct a full professional trademark search and confirm you can register a clothing brand name online or in the USPTO database. This step ensures you’re not infringing on existing trademarks and sets the foundation for your registration.
2. File Early: How to Trademark a Clothing Brand Before Launch
Timing matters. Once your name is confirmed available, file a trademark application without delay—even if you're not selling yet. Filing on an intent-to-use basis allows you to claim priority while preparing for launch. The filing date becomes your legal priority, securing your rights against others filing later for a similar name, logo, or slogan.
Early filing prevents scenarios where two brands clash over similar names—and the one with the later filing date must rebrand.
3. What to Trademark: Word Mark, Design Mark, Slogan & Trade Dress
To fully protect your clothing brand, you may need multiple trademark registrations. Here’s what to consider:
A. Word Mark (Name)
Protects the text-only version of your brand name (e.g., “TrademarkFactory”).
B. Design Mark (Logo)
Protects visual branding elements—fonts, colors, graphic icons.
C. Slogan or Tagline
Protects phrases associated with your brand identity (e.g., “Just Do It”).
D. Trade Dress
Protects your product’s distinctive packaging or presentation—like the look of your tags, labels, or store design.
Why Combine Registrations?
Registering across multiple categories—word, design, slogan, and trade dress—builds a robust trademark portfolio. It strengthens enforcement and increases the valuation of your business during licensing or sale. Top brands like Nike have separate registrations for their name, swoosh logo, and slogan.
4. Understanding the Trademark Process for a Clothing Brand
Step 1: Complete Your Application
- File under use in commerce (already selling) or intent-to-use.
- Submit a high-quality drawing of the trademark. Choose between standard character (plain text) or special form (stylized logo).
- Provide a description of goods/services under Class 25 (clothing, hats, footwear). If expanding into accessories or homeware, additional classes may apply.
Step 2: USPTO Examination (8–12 months)
An examining attorney will review your application and look for conflicting marks.
Step 3: Respond to Office Actions
If issues are flagged, you must respond or amend within deadlines.
Step 4: Publication (30-day opposition period)
The USPTO Gazette publishes your trademark. Third parties may oppose.
Step 5: Final Notice and Registration
- For use-based filings, you'll receive the certificate.
- For intent-to-use filings, submit a Statement of Use with trademark use on tags or labels (not just printing on the garment).
Using a logo as ornamental decoration alone won’t qualify as proper trademark use. Instead, it must be used as a brand identifier—affixed as a label, hangtag, or trademark on the product.
After publication and verification of use, your trademark becomes federally registered. Use the ® symbol to indicate official registration; use ™ while any application is pending.
5. Long-term Protection: Enforcement, Renewals & Monitoring
Enforce Your Rights
After your application is registered, actively enforce it. Regularly monitor marketplaces and trademark filings to prevent misuse. Send cease-and-desist letters to stop infringing uses. Active defense strengthens your rights under U.S. law.
Maintain & Renew
- Between years 5–6, file a Declaration of Continued Use.
- Renew every 10 years to keep your registration active.
Consider the 2023 case of Under Armour vs. Armorina. The court ruled that Armorina’s brand name was too similar to Under Armour, which could lead to consumer confusion. Even though the damages were nominal, Armorina was required to change its name—resulting in a costly and disruptive rebranding process.
The lesson: trademark registration isn’t just a formality. It’s a powerful legal tool to secure and defend your brand identity.
Final Thoughts
Registering your trademark is a smart investment in the future of your clothing brand. It gives you the exclusive legal rights to your name, helps prevent customer confusion, and builds brand value over time.
Whether you're just getting started or looking to strengthen your brand protection, TrademarkFactory can guide you through the trademark registration process from start to finish—with flat-fee pricing and a 100% done-for-you service.
Frequently Asked Questions (FAQ)
How do I trademark a clothing brand name?
To trademark your clothing brand, file a trademark application with the USPTO. You can file based on use in commerce or intent to use. It’s best to start with a trademark search to ensure your name is legally available.
What trademark class covers clothing?
Clothing falls under Trademark Class 25, which includes apparel such as T-shirts, shoes, jackets, hats, and other garments.
Should I trademark my logo, name, and slogan separately?
Yes. Each element requires its own application to be fully protected. Start with the name (word mark), then file for the logo and slogan if applicable.
Can I trademark a brand before I start selling?
Yes. Filing under an intent-to-use basis allows you to reserve your brand name while preparing to launch.
How long does it take to register a trademark for clothing?
The process typically takes 8 to 12 months, depending on whether any objections or oppositions are filed.
How much does it cost to trademark a clothing brand?
TrademarkFactory offers flat-fee pricing for the entire process, including trademark search, filing, and all legal work—without hourly billing. The base trademark fee at the USPTO is $350 per class.
Can I use the ® symbol before my trademark is approved?
No. You can only use the ® symbol after your trademark is officially registered. Until then, you can use ™ to indicate an unregistered trademark.
Start Protecting Your Clothing Brand Today
Your brand is one of your most valuable business assets. Protect it with a registered trademark and secure your competitive edge in the fashion industry.
TrademarkFactory provides expert trademark services tailored to clothing brands and fashion entrepreneurs—flat fee, full-service, risk-free. Schedule a free consultation now!