Benjamin Appelbaum, Attorney at Law

Reasons to trademark clothing brands

An apparel entrepreneur is likely to spend considerable time and effort in creating a name for a new clothing brand or line. The name becomes tied to the design and function of the clothing and differentiates it from other clothing products. Due to this, New Jersey entrepreneurs should understand why the process of registering that name as a trademark is so important.

Registering a trademark gives entrepreneurs the right to label their clothes with their brand names and legally prevents other clothing companies from using the same names on their own merchandise. For example, any brand can make a white blouse, but what makes the blouse specific to each brand is the trademark on the label.

Having a trademark deters other companies from using the same name, and it gives the owner the right to take legal action if another company does. However, some companies may use brand names that are so similar to trademarks that it causes confusion among consumers. When this happens, the other company may be committing trademark infringement. The brand with the trademark has the right to ask the infringing company to stop using the name or face potential trademark litigation and damages.

Additionally, having a registered trademark protects the brand from being used by another company or individual on social media. For example, another company could create a social media account with the trademarked brand, which prevents the real owner of the brand from creating the account. The trademark owner can bring the issue to the attention of the social media site, which will use the federal trademark registry to confirm the real owner.

Registering a trademark helps ensure the longevity and integrity of a clothing brand, and not having one puts this at risk. Entrepreneurs who believe that others have infringed upon their trademarks could contact the companies on their own or have their attorneys do it for them.

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Benjamin Appelbaum, Attorney at Law - Intellectual Property

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Flanders, NJ 07836

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