Select Brand or Label Name

Select your proposed brand or label name. Your name needs to be unique - not used by another in the industry.  Your name should not be easily confused with an existing brand.  Avoid names that are "generic", meaning that the name is a term commonly used to describe the product (like "BLOUSES" for a clothing company).  Also avoid names that are "descriptive", meaning that the name simply describes the product (like "PRETTY BLOUSES" for a clothing company).  To initial rule out conflict with other marks, it is possible to use Google and other search tools. However, an attorney can provide more comprehensive initial screening, helping find possible conflicts as well as reviewing whether a proposed mark meets other requirements for protection. 

Trademark Search

Working with a trademark attorney, undertake a comprehensive TRADEMARK SEARCH.   A TRADEMARK SEARCH helps ensure you have the vital information you need to decide whether your chosen name is likely available for trademark protection or whether you are potentially infringing on another's rights. A proper search should including current and pending registrations as well as comprehensive industry directories as well as the internet and other sources. This search will include results for similar sounding but differently spelled names.  For more about TRADEMARK SEARCH, link here.

Apply for Trademark Registration

Apply for a federal trademark registration with the U.S. Patent and Trademark office.  A federal registration provides your brand with the broadest trademark protection available including providing notice to possible infringers, nationwide presumption of use and protection, special rights in federal court and eligibility for enforcement by U.S. Customs.   Based upon the TRADEMARK SEARCH, a trademark attorney can work with you to draft an file the trademark APPLICATION FOR REGISTRATION to ensure proper protection of your mark and reduce the chances of the U.S. Patent and Trademark Office refusing registration.  For more about filing an APPLICATION FOR REGISTRATION, link here.

Review designs and lines for copyright and patent and/or trade dress protection.

Working with a an attorney, evaluate and review your designs for legally protectable elements, including:

• For prints, patterns, images and graphic designs - copyright registration may be available.
• For design elements that may last longer than a single season, such as signature features or flagship products - design patents may be available. These elements must be non-functional to be eligible for design patent protection.

In addition, if particular non-functional design elements are strongly associated by consumers in the market with the designer and are also understood by consumers in the market to designate the origin of the goods, trade dress protection may be available.  Trade dress protection functions similarly as a trademark

For more about fashion brand protection, link here.

Record Trademark Registrations with U.S. Customs

Once you receive a federal trademark registration, designers and brands should consider recording their trademarks with United States Customs and Border Protection in the event they are concerned with possible import of counterfeit or infringing goods.  Registration with CBP places your trademark information in the CBP database and is available at all ports of entry.  CBP may then take enforcement action against use suspect marks or are counterfeit goods.  

Develop Enforcement Strategies

Once you have determine and secured your legal protectable rights - such as trademark and copyright registrations, consider employing a plan to enforce protection of your rights.  Plans include: monitoring the United States Patent and Trademark Office for new infringing applications (for more on TRADEMARK MONITORING link here) and periodically reviewing the relevant marketplace for potential infringement.  Enforcement actions themselves can include an attorney's letter demanding an infringer 'cease-and-desist' or a "takedown" demand to internet services provider or online retailers such as Google, Facebook and Amazon, requesting that infringing materials be removed. For more on ENFORCEMENT OF RIGHTS link here.

Contact us for more information.

Questions?  Call us at 617-433-8191. Or use the form below to contact us regarding your clothing or accessory trademark. You may also email or call us to make an appointment.