Building a fashion brand isn’t just about great designs—it’s also about protecting your brand identity, logo, and product names from unauthorized use. Without a registered trademark, competitors or counterfeiters can copy your brand name, logo, or designs, potentially damaging your reputation and revenue.

But do all fashion brands need a trademark? This guide breaks down the importance of trademarking, how to register your brand legally, and common mistakes to avoid in protecting your intellectual property (IP).

What is a Trademark & Why Does It Matter?

A trademark is a legally registered symbol, word, or phrase that distinguishes your brand from others. For fashion brands, trademarks protect logos, brand names, slogans, and even unique product designs.

Why You Should Trademark Your Fashion Brand

• Prevents Copycats & Counterfeits – Stops others from using your brand name or logo.

• Gives You Legal Rights – Allows you to take legal action against infringers.

• Boosts Brand Value – A trademarked brand is more attractive to investors and retailers.

• Ensures Global Protection – Protects your brand when expanding to new markets.

✔ How ERP Helps:

• Tracks trademark registration costs and legal fees for financial planning.

  
  

Example: A luxury handbag brand avoided a costly lawsuit by securing a trademark before launching internationally.

Step 1: What Can You Trademark for a Fashion Brand?

1. Brand Name & Logo

• Protects your brand identity and recognition.

• Example: Nike’s swoosh logo and "Just Do It" slogan are trademarked.

2. Product Names & Collection Titles

• If you have unique product lines (e.g., Adidas' "Stan Smith"), you can trademark them.

3. Distinctive Design Features (Trade Dress)

• Protects signature colors, patterns, or design elements that make your brand unique.

• Example: Louboutin’s red soles and Burberry’s plaid pattern are legally protected.

✔ How PLM Helps:

• Stores product design files and brand assets, ensuring IP consistency.

✔ How ERP Helps:

• Tracks legal and renewal deadlines for trademarks across regions.

Step 2: How to Register a Trademark for Your Fashion Brand

Trademark registration varies by country, but the general process includes:

1. Conduct a Trademark Search

Before applying, ensure your brand name or logo isn’t already taken by checking:

• USPTO (United States Patent and Trademark Office)

• EUIPO (European Union Intellectual Property Office)

• WIPO (World Intellectual Property Organization)

  
  

Cost-Saving Tip: Use KOBO PLM to manage brand identity files and check IP conflicts before launching.

2. File a Trademark Application

You can apply through:

• An official trademark office (USPTO, EUIPO, WIPO, etc.)

• A trademark lawyer (recommended for global brands)

  
  

| Region | Estimated Trademark Cost | Processing Time |
| --- | --- | --- |
| USA (USPTO) | $250 – $400 per class | 6-12 months |
| UK (UKIPO) | £170+ | 4-6 months |
| EU (EUIPO) | €850+ | 6-12 months |
| China (CNIPA) | ¥300+ | 6-9 months

✔ How ERP Helps:

• Tracks trademark filing costs across multiple regions.

3. Monitor & Enforce Your Trademark

• Use IP monitoring tools to track trademark violations.

• Send cease-and-desist letters if another brand infringes on your rights.

  
  

✔ How PLM Helps:

• Stores trademark certificates and legal documents for quick access.

  
  

Example: A sustainable fashion label prevented a competitor from copying their logo by filing an opposition with the trademark office.

Step 3: Avoiding Common Trademark Pitfalls

1. Not Conducting a Thorough Trademark Search

• Mistake: Launching a brand without checking for existing trademarks.

• Solution: Perform a global trademark search before branding your business.

2. Not Registering in the Right Categories

• Mistake: Only registering under apparel but forgetting accessories or footwear.

• Solution: Cover multiple classes (e.g., Class 25 for clothing, Class 18 for bags).

3. Ignoring Global Markets

• Mistake: Expanding to China or Europe without securing international trademarks.

• Solution: File with WIPO to protect your brand worldwide.

  
  

✔ How ERP Helps:

• Automates renewal reminders for trademarks to prevent expiration.

Example: A fashion startup had to rebrand after receiving a trademark infringement notice, costing them thousands in legal fees.

Step 4: Protecting Your Brand from Counterfeits

Fake products damage brand reputation and revenue. Combat counterfeiting with:

1. Legal Protections

• Trademark Registration – Ensures legal ownership over your brand assets.

• Copyright & Patent Protections – Covers original designs and innovations.

  
  

2. Online Brand Protection

• Amazon Brand Registry & eBay VeRO – Prevents unauthorized resellers.

• DMCA Takedowns – Removes counterfeit listings from social media.

✔ How PLM Helps:

• Tracks official product variations to identify fakes.

  
  

✔ How ERP Helps:

• Flags suspicious sales patterns that indicate counterfeit activity.

  
  

Example: A luxury fashion house removed 300 counterfeit listings in one month after enforcing their trademark rights on Amazon.

Why PLM & ERP Are Essential for Trademark & IP Management

| Trademark Challenge | How PLM Helps | How ERP Helps |
| --- | --- | --- |
| Brand Identity Protection | Stores brand assets, logos, and trademarks | Tracks renewal deadlines and legal fees |
| Global Trademark Registration | Manages international trademark filings | Automates cost tracking by region |
| Counterfeit Monitoring | Tracks authorized product designs & variations | Flags unusual sales patterns for fake listings |
| Legal Document Management | Centralizes IP certificates and cease-and-desist letters | Monitors ongoing legal disputes

Conclusion

A trademark is one of the most valuable assets for a fashion brand, protecting your name, logo, and product designs from unauthorized use. Registering early prevents costly legal battles and ensures your brand’s long-term success.

By leveraging PLM for brand asset management and ERP for tracking legal costs and renewal deadlines, you can safeguard your intellectual property and expand your brand with confidence.

Next Steps:

• Book a KOBO PLM demo to manage brand assets & trademarks.

• Download our Trademark Registration Checklist.

• Get expert advice on protecting your fashion brand from counterfeits.