Launching a clothing brand feels thrilling—until you realize your perfect name could be copied tomorrow. A trademark turns your brand identity into legal protection. it ensures your brand naming and authorisation , not the next knockoff that appears online. Let’s walk through how to trademark a clothing brand name in the USA the smart way.

Understanding What a Trademark Really Protects

A trademark isn’t about owning a design—it’s about owning identity. For fashion brands, this means your name, logo, and slogan. It’s what customers recognize on your labels or packaging. When registered, it becomes a legal shield that prevents others from selling clothes under a confusingly similar name.

Do I Need to Trademark My Clothing Brand?

If your brand exists beyond a hobby, the answer is yes. Trademarks protect your reputation and give you nationwide rights to your name. Without one, another seller might seize your brand name even got it trademark before you have the chance. You’d have to rebrand everything, from your website to your tags. A simple registration avoids that disaster.

Trademark vs. Copyright — Which One Do You Need?

Copyright protects creative designs like artwork or fabric prints. Trademark protects your brand name and logo.
For example, “Serenity Threads” as a name and its logo would be trademarked, while the floral design printed on a shirt would be copyrighted.a strong clothing brand often needs both.

Step 1: Pick a Unique, Trademarkable Name

Choose a name that isn’t generic or descriptive. “Urban Clothing” won’t get approval because it describes the product, not your brand. Distinct names like “Velvet Riot” or “Nomad Muse” stand out and are easier to trademark. The USPTO prefers marks that show originality and distinctiveness.

Step 2: Search for Existing Trademarks

Before applying, make sure your name isn’t already taken. Use the USPTO’s TESS database to search for similar marks in Class 25 (the category for clothing). Look for close spellings or sound-alike words. If you find something similar, tweak your name now—it’s easier than facing a rejection later.

For a thorough check, it’s smart to work with professionals who run advanced trademark searches. 

Step 3: Choose the Right Trademark Class

Each type of product has a different class. Clothing brands usually file under Class 25, which covers apparel, shoes, and headwear. If you plan to expand into jewelry or bags, those may need separate classes. Registering under the right one ensures full protection for everything you sell.

Step 4: File Your Application Online

Once your name is clear, apply through the USPTO’s TEAS system. You’ll submit your brand name, logo (if applicable), product description, and proof of use—like a clothing tag photo. The filing fee is usually $250–$350 per class. Filing correctly matters, so take time to describe your products accurately.

Step 5: Wait for the Review Period

After filing, your application enters examination. The USPTO reviewing attorney checks for conflicts or errors. This process usually takes six to nine months. If everything is clear, your mark moves forward to publication. If not, you’ll receive an “Office Action” requesting clarification or argument.

Step 6: Handle Office Actions and Objections

Don’t panic if you receive an Office Action—it’s common. It might ask for a clearer product description or address a similar mark. You’ll have six months to respond. With professional help, you can often overcome minor issues and keep your application moving.

Step 7: Approval, Publication, and Registration

Once the USPTO approves your mark, it’s published for 30 days. This gives others a chance to oppose it if they believe it conflicts with their brand. If no opposition arises, your trademark gets officially registered. You’ll then receive a registration certificate, allowing you to use the ® symbol confidently.

How to Trademark a Logo for Your Clothing Line

Your logo should have its own trademark. Just send a clear copy of it, explain where it’s used (like on labels or packaging), and file it under the same class. Trademarking both your name and logo gives you stronger protection against copycats.

How Long Does It Take to Trademark a Clothing Brand?

The process typically takes 8–12 months from filing to approval. It depends on how smoothly your application moves through each stage. While waiting, you can use the ™ symbol to show intent to trademark. Once approved, switch to the ® mark to indicate full registration.

Common Mistakes to Avoid

Many clothing entrepreneurs make small errors that cause big delays. Avoid vague product descriptions like “fashion goods,” use the right class number, and Always submit a real sample like a photo of the actual tag or packaging, not a digital design. Above all, don’t skip a search before filing. It’s cheaper to confirm now than to rebrand later.

Real-World Example: Amazon Seller Protecting a Brand

Imagine an Amazon seller named AuroraFit Apparel. She starts strong, but weeks later, another seller uses “Aurora Fitness.” Without a trademark, she can’t remove the copycat listings. After registration, though, Amazon enforces her exclusive rights, removing infringing sellers instantly. That’s the power of a trademark: it keeps your name yours.

Checklist for Clothing Brand Trademarking

• Your name or logo is distinctive
  
  
• Trademark search confirms availability
  
  
• Filed under Class 25
  
  
• Specimen shows real-world use
  
  
• Application submitted and fee paid
  
  
• Await approval and registration certificate
  
  

This simple checklist can guide you through the process and help you track progress as your application moves forward.

Maintaining Your Trademark

Once approved, you have to maintain registration by filling renewals after 10 years. By consistently branding your registration valid and strengthens your legal standing.

FAQs About Trademarking a Clothing Brand

1. Can I trademark my clothing brand before selling?

Yes, you can file under an Intent to Use basis. It reserves your name while you prepare to launch.

2. How much does it cost?

Expect around $250–$350 per class in USPTO fees, plus any legal assistance costs.

3. Do I need to trademark both my name and logo?

It’s best to do both. Each protects a different part of your brand identity.

4. How long is my trademark valid?

Indefinitely, as long as you renew it every 10 years and continue using it in commerce.

5. What happens if I don’t trademark my clothing brand?

You risk losing control of your name. Another company could file before you and restrict your use.

6. Can I trademark a pattern or design?

Not through trademarks—those fall under copyright protection.

7. How can I check if a name is available?

Use the USPTO TESS database or get professional help from ipbureau.us 

Final Thoughts: Protect Your Clothing Brand Early

Your clothing brand represents hard work, creativity, and reputation. Trademarking ensures no one else can profit from your name or confuse your customers. Don’t wait until it’s too late—secure your brand identity now.

If you've made up your mind to register your clothing brand name or logo with confidence, contact IP Bureau for professional guidance and trademark services.

Contact IP Bureau