A trademark is any unique identity, tagline, emblem, or keyword that makes it easier for customers to identify the goods or offerings of a particular enterprise. It makes it easier to tell one supplier of goods and commodities from another one. A brand serves to build recognition and trust for a firm and reflects that value to marketers. This is accomplished through direct communication with the customer in conjunction with the usage of goods or services, contact with customer support or sales representatives, or through marketing (Brand Communication.) While all brands are Trademarks, not all brands are Trademarks. The salient characteristics regarding the relevance of Trademark Registration in Fashion Industry are highlighted in this article.

A Glimpse of Safeguarding Trademark

A trademark is a symbol, pattern, or emblem that serves as a source identifier for a certain good or service, as defined by the Trademark Act of 1999. It benefits a corporation or identity when the target market develops a unique perception of it.

The exclusive ownership rights granted by trademark protection enable the owner to bring legal action against defaulters in the event of brand infringement. According to the NICE classification for a trademark, there are 45 different kinds of trademarks.

Trademark Class 25 deals with clothing, footwear, and headgear, but excludes particular clothing and footwear made for a particular purpose. The importance of trademark registration in the fashion industry has grown due to the constant use of trademarks.

A Glimpse of Trademark Registration in Fashion Industry

The total expansion of the fashion industry depends heavily on trademark protection. Fashion businesses mostly rely on their brand value to generate profits from their operations. A registered trademark deters counterfeiters from using the fashion label for commercial gain. Fashion start-ups and small firms with a low stomach for risk are saved by trademark registration from the loss brought on by brand infringement.

Trademarks are crucial in the fashion industry for safeguarding brand value and enhancing marketing initiatives.

Depending on the products, the names and logos may be protected under trademark law (shoes, innerwear, nylon, other objects like diamonds, etc.).  Trademark protection can be used to safeguard marketing campaigns’ slogans for each product.

Trademarks based on moving visuals, outward indications, such as virtual objects, or non-visual indications (aroma and audio), which are recognized to be non-traditional marks, but do not fall under the broad category, can also be trademarked.

Aerosol scents, and, other similar items can thus also be secured by IPR.

The breadth of the Trademark Regime in fashion

According to Section 2(ZB) of the Trademark Act of 1999, a trademark can create visual synchronicity with its intended audience.

Additionally, it distinguishes specific products and services from those of other companies from their sources.

Additionally, this may involve various forms, color schemes, and even packaging. Additionally, the trademark law guarantees complete trade dress protection, including product packaging under its rules.

However, the courts have drawn public attention to the fact that product packaging is an important component of fashion clothes design in many contexts.

Examples that Show That Trade marking in the Fashion Regime Goes beyond Trademark and Emblem

Unexpectedly, a fashion designer frequently incorporates a trademark to the point where it forms a crucial part of the brand value.

Clothing manufacturers frequently display their logos outside of garments or accessories. For instance, a Louis Vinton handbag repeatedly features the iconic LV emblem, which is an essential component of the bag’s style.

Over time, the logo thus becomes an integral component of the design, enabling the trademark to guarantee complete protection against design copying.

In addition to the brand names and logos, fashion designers can enjoy exclusive rights over the distinctive features of the product through trademark registration.

For example, the characteristic pocket stitching on the clothing created by Australian fashion designer Bettina Liana has been registered as a trademark.

The renowned fashion house Burberry also has trademark protection for the word Burberry and the distinctive check-based pattern.

The Trademark, which may be used to identify an origin, also covers business attire, or what is commonly referred to as product packaging.

However, the court has stated on many occasions that the trade dress should also be regarded as a crucial component of the product’s design.

According to some courts, the trade dress also includes the product’s whole appearance, including its size, color, graphics, texture, and even the way it is sold. As a result, it is protected by trademark law.

Trademark in Fashion Industry: Effective Role in Developing the Integrity of Enterprise

Following are the efficient role played by Trademark in Fashion Industry:-

Your trademark is the most important aspect of your business, whether you are planning or a large enterprise. End consumers will make an effort to match certain characteristics, tastes, and experiences with your brand.

The majority of apparel enterprises spend a lot of time and money building a strong relationship with their target audience through their brand.

The most unique features that a fashion enterprise should preserve through trademarks are its emblem and brand identity because they are in frequent touch with consumers.

Fashion corporations may create textile prints and logo designs that are strongly associated with the brand.

To prevent others from using the prints or patterns on their products without your permission, these can also be trademarked. 

Legalizing your intellectual property can benefit your enterprise if you want to defend a customized fabric design or the three-dimensional characteristics of a novel textile composition with a unique structure;

Conclusion

Trademark Registration in Fashion Industry is becoming an utmost importance. Protecting intangible assets like logos, names, phrases, and other such items through trademarking is a complicated process. Businesses today are much more concerned with their reputation and image, and they never hesitate to invest more money to develop their IP strategy. Since they are the main target for trademark infringement^[1], businesses in the fashion industry also pay additional attention to protecting their brand image and other important assets. Feel free to contact our legal supervisors at BizAdvisors.io in case you need some clarification on Trademark Registration in Fashion Industry.

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