Protecting Your Fashion Brand
Trademarks in the Fashion Industry – What You Need To Know
Competition in the fashion industry is fierce, and companies are always looking for ways to stand out. You don’t want your next best fashion idea stolen by the competition or counterfeiters. That’s one of the benefits of trademark registration. It’s essential to understand how to file properly and to have someone on your side who understands the ins and outs in addition to the processes involved. Here’s a rundown of what you need to know about trademarks in the fashion industry and how you can go about getting what you need to protect your brand, designs, and products.
The Importance of Trademarks
Registering your trademarks in the fashion industry saves you money, time, effort, and headaches. There are a number of benefits associated with registering your trademarks, and failing to do so could actually spell disaster for your brand. Trademark registration can protect brand names, slogans, sounds, colors, smells and more, which in turn protects your company and profit.
However, things change quickly in the fashion industry, which means companies are constantly following the latest trends, production processes, and market demands. Fashion designers and those involved in the field need to regularly file applications to register new trademarks and correspondence to maintain trademarks.
Before filing your trademark, you first need to ensure that someone hasn’t beaten you to the punch. A search agency or fashion lawyer can help ensure you’re not using a brand name that’s already been established or packaging that was trademarked recently.
Trademarks and Copyright Options in the Fashion Industry
Depending on what you’ve recently developed or created, you have a few different options when it comes to protecting your brand and intellectual property. These are three you need to know:
Registering a Trademark for your Brand
Trademarking your brand, logo, and name is an essential part of the process when it comes to establishing yourself and your company in the fashion industry, and protecting your work. First, you want people to associate your logo or symbol with your brand. A perfect example of this would be the interlocking Cs that are associated with Chanel or the very distinctive pattern and logo that comes with Gucci.
If you fail to register the trademark for your brand or logo, you could be looking at serious problems with counterfeits and knockoffs and have no legal recourse once it’s been stolen. Another person or company could also file your trademark, potentially stealing your brand and work out from under you. Although the problem of counterfeits is always there, trademarking your brand and branding works to offer your company protection against theft and a legal route if your work is stolen.
However, there are some issues requiring expertise with registering a trademark for a brand. Many founders of fashion businesses use their name for the company. While this can definitely help with recognition down the line, the lack of recognition early on can be a problem when filing your trademark registration documents. In the United States, you can’t file your name as a trademark unless it’s recognized in association with a brand. Having a solid legal strategy along with top notch marketing and advertising plans can help you move quickly.
Copyright Law
Copyright law is more geared towards protecting original works of authorship rather than a brand, such as prints and designs on the garments and fabric. Although you can’t copyright the finished garment, you can copyright the design on the fabric. It can also be used to protect creative fashion pieces and jewelry. We say creative because you actually have to identify the creative work in order to achieve a successful copyright application. After ensuring that your fabric prints and designs are registered with the copyright office, you can file suit against those who are using your designs without permission for statutory damages and legal fees.
Design Patents
The third legal option you have to consider in the fashion industry is a design patent. This route is designed to help you protect ornamental aspects of your fashion pieces in addition to a shape of a garment, surface ornamentation, and configuration. Even during the filing process, you can protect your work and state it is “patent pending.”
It’s important to note though the differences between design and utility patents: “In general terms, a "utility patent" protects the way an article is used and works (35 U.S.C. 101), while a "design patent" protects the way an article looks (35 U.S.C. 171).” Design patents can be faster to obtain than a utility patents. They tend to only take a year, while utility patents can take beyond three years
Why You Need to Work with a Lawyer for Your Fashion Trademarks
Filing applications for trademarks, copyrights, and design patents can be easy for a number of individuals and companies. However, obtaining registration may be difficult without an experienced lawyer in the fashion industry.
For example, mistakes on your applications could cause your trademarks to be rejected, leading you to have to spend more money trying to rectify the errors and possibly getting a lawyer involved anyway. Working with a fashion lawyer from the beginning can ensure you’re taking the best routes to protect your brand, designs, and products. You will also have to file a number of trademark applications as your business grows – a lawyer can handle this for you, freeing up your time to better focus on your brand and growth.
Even once you have the trademark protection, you still need a lawyer to protect your products. Counterfeits are common on eBay, Amazon, Etsy, and Craigslist. The right legal assistance can help ensure that these are removed from online marketplaces and other locations where your trademark is being infringed upon.
Joan Bellefield Davis has an extensive and unique background in the fashion industry. She has advised national clothing brands regarding trademarks, settled copyright infringement actions, and successfully prosecuted USPTO trademark applications. She also has a Master’s degree in Criminal Justice and is a Virginia licensed private investigator – exactly what your brand needs when going up against counterfeiters who have the ability to make new seller accounts again and again even after being banned from a marketplace.
It’s essential to work with someone who knows the industry inside and out when it comes to fashion trademarks. If you need assistance with registering a brand as a trademark, copyright law, or design patents, reach out to Joan Bellefield Davis at jdavis@schroderbrooks.com.