Trademark issues can become complicated so it may be a good idea to consult with an attorney or experienced legal service. One of the most common reasons a trademark is denied is because the mark looks or sounds similar to another registered trademark. If approved, no one else can use that name or design. An attorney will review the application and approve or refuse its registration. Patent and Trademark Office, which entails completing a form, paying a fee, and waiting up to six months. Next, file an application for the trademark with the U.S. However, protection is limited to that particular state. The state process is faster than the federal process and sets out some ownership rights for you immediately. Complete the application with your state and pay the fee. Patent and Trademark Office offers a page with links to each state. Once you've got a unique brand name and logo, it's time to trademark it with your state. Next, develop a unique brand logo that uses the name and incorporates a unique combination of design, font, size, and color. If someone else has already trademarked the name, you'll need to create a new one. Perform a general web search as well as one on the U.S. To trademark your brand name and logo, start by searching online to make sure no one else is using the name you've chosen. It is helpful to have a trademark search and registrability review before filing a trademark application." "However, the designer needs to carefully consider if the word or name is being used properly to qualify for a trademark or if their trademark is not confusingly similar to preexisting trademarks. "Designers can seek a trademark registration, for example, the logo or name of the clothing line or the name of the designer," he says. Trademarks are words, names, symbols or devices, packaging design, and pictures that identify and distinguish the designer clothing, Mottley notes. "It is important to obtain intellectual property protection early on because if the brand name or logo is similar to that of another, the brand owner will need to rebrand or, which can potentially turn into an expensive legal lesson," she says. Designers can trademark their brand names and logos in order for their goods to be differentiated by the consumer, Borukhovich says. If a copyright is not available, you can trademark other elements of your clothing line to protect it. In addition, sketches of your designs are eligible for a copyright, but the process protects just the picture and not the idea, Borukhovich adds. Careful consideration and review of the clothing line should be conducted before seeking a copyright registration." The lack of originality is where recent copyright registrations for clothing have been refused by the Copyright Office. "Second, the pictorial, graphic, or sculptural features must possess sufficient creativity. "To access originality, first, the pictorial, graphic, or sculptural features must have been independently created by the designer," he explains. Copyright Office will review the clothing, Mottley says. "While useful articles, as such, are not copyrightable, if an artistic feature would have been copyrightable as a standalone pictorial, graphic, or sculptural work, it is copyrightable if created first as part of a useful article," he says. "However, there are a few exceptions of when a fashion designer can apply for copyright protection."Ĭopyright registration for clothing generally falls within two- or three-dimensional artwork directed to the artistic features of the clothing, says Darrell Mottley, an attorney with intellectual property law firm Banner Witcoff. "Generally, copyright protection is not available for the fashion industry in the U.S.," she adds. Legal protection in the form of copyrights, trademarks, and design patents have different requirements and steps to follow.Ĭongress has denied copyright protection for clothing design because it views clothing as useful articles and not artistic creations, says Biana Borukhovich, a New York-based fashion attorney. As a fashion designer, you are an artist, and even though your creations are functional, your work deserves protection.
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