Can I Trademark a Clothing Design?
No. But you can trademark your clothing’s branding.
Because the design of the clothing is generally considered a blueprint for the functional part of the product, it cannot be trademarked. However, if you are developing new apparel or a new clothing line, you can definitely trademark the name, logo, and slogan since you’ll be using those marks to brand your clothing. In the retail apparel industry, registering trademarks for your products is extremely important, as counterfeiters are everywhere and many other up and coming brands would love to capitalize on the success of your clothing designs.
In certain circumstances, you may able to trademark the trade dress, or highly distinctive features of your clothes designs that have no functional purpose, if the public can easily use those details to determine that the clothes belong to you. Alternatively, design patents cover the same distinctive non-functional parts, but are time limited and follow a strict filing schedule in order to ensure protection.
If you are developing a new clothing line and you are interested in protecting your brand, contact us today to speak with trademark attorney Eric Norton to discuss the importance of a comprehensive trademark clearance search, how we can protect your intellectual property by trademarking your clothing line’s name, logo, and slogan, and how we may be able to trademark the unique features of your clothing designs.