A practical guide to trademark protection for Clothing & Fashion brands

Every great fashion label starts with design, but it is the brand that turns an item of clothing into a statement and a loyal following.

Your brand is the label on the garment, the logo on the storefront, and the promise that your customers associate with your products. It is what transforms a simple piece of clothing into something recognised, trusted, and desired.

A registered trademark transforms that brand from a creative concept into a legally owned asset. It gives the owner the exclusive right to use and license the name, logo, or design and provides a strong legal foundation for enforcement against imitation.

For businesses within the clothing and fashion sector, this protection delivers real advantages. It helps you:

For a deeper look into why trademarks are so important for clothing and fashion businesses, read the full article: 12 good reasons for fashion brands to register a trademark

Creativity is at the heart of fashion. Choose a name that reflects your brand story and aesthetic rather than simply describing your products. The more distinctive your mark, the easier it is to protect and the stronger it becomes over time.

Tip: Suggestive, abstract, or invented names tend to offer the best long-term protection (for example, Zara, Uniqlo, or Patagonia).

Before you invest in garment tags, labels, or online marketing, check that no one else has registered or applied for a similar name in your market. A legal team can help you assess the level of risk and adjust your branding if necessary. This step is essential even for smaller brands, as conflicts can arise at any scale.

Tip: Trama offers a free lawyer’s check with results delivered within 24 hours, followed by expert guidance on the next steps for registration.

Trademarks are granted on a “first to file” basis in most countries. If another business files before you, you could lose your rights even if you have been using the name longer.

Action point: File for protection as soon as you can, ideally before your first public launch or collection release.

The optimal trademark strategy depends on your business model, manufacturing base, and growth ambitions. The key principle: protect your brand wherever it creates or captures value.

Your first registration should always be in your country of origin, where your business is incorporated and primarily operates. This provides a legal foundation and supports enforcement at the local level.

If you sell or plan to sell clothing abroad within the next two to three years, register in those markets before establishing distributors, retail partners, or e-commerce operations. Common priorities for clothing and fashion exporters include:

If your clothing is produced or assembled abroad, for example manufacturing in Portugal or Turkey, register your mark in those countries as well. This prevents local manufacturers or suppliers from registering or misusing your brand within that jurisdiction.

Online sales can make your brand visible in countries long before you establish physical operations. Competitors or counterfeiters in those regions may try to register your mark first to block your entry or profit from your reputation. If you sell internationally through your website or marketplaces, extend protection to the countries you most frequently ship to or advertise in.

Selecting the correct trademark classes is as important as choosing the right jurisdictions. Trademark protection is class-specific: it applies only to the goods and services covered in your application. The Nice Classification system (adopted globally) divides goods and services into 45 classes. For the clothing and fashion industry, the following are typically relevant:

A precise class selection provides strong coverage and minimises gaps that competitors might exploit. A trademark lawyer can evaluate your operations and future plans to ensure comprehensive and commercially sound protection.

For detailed class guidance and tailored recommendations, use our online tool: Trademark Class Assist

Operating in the digital space offers both opportunity and vulnerability for clothing and fashion brands. Here is how to protect your trademark effectively across the internet:

Register your primary domain name and common variations across multiple top-level domains (for example, .com, .co.uk, .eu). Trademark registration strengthens your position under the Uniform Domain-Name Dispute-Resolution Policy (UDRP), enabling you to reclaim domains registered in bad faith by third parties.

Secure your brand handle on all major social media platforms, even those you do not currently use.

Platforms such as Instagram, TikTok, Facebook, Pinterest, LinkedIn, and X (Twitter) have trademark complaint procedures that allow removal of infringing profiles or content. Verified profiles also serve as public proof of authenticity.

If you sell apparel or accessories online, join brand protection programmes offered by major marketplaces:

These programmes are designed to speed brand ownership verification, allowing registered owners to remove counterfeit listings or misleading accounts more effectively.

Competitors sometimes use another brand’s name in online advertisements or metadata to divert traffic. With a registered mark, you can request removal of such ads under Google’s or Meta’s advertising policies.

Regularly monitor search results, online reviews, and marketplace listings for misuse of your brand name or logo.

Trademark monitoring tools, or comprehensive services such as Trama, can alert you to new filings or suspicious uses globally, allowing you to object or oppose within statutory deadlines.

Every clothing and fashion brand lives through the image and experience it creates for customers. Protecting that experience through trademark registration is both a legal and commercial necessity.

Yet many designers and fashion entrepreneurs often invest heavily in creative development before securing legal protection. Involving a trademark lawyer early ensures that your creative efforts result in a brand that can be defended and expanded.

A trademark lawyer can help design a protection strategy that aligns with your business objectives, providing both legal strength and commercial flexibility. Book a free consultation today to take the next step in protecting your brand.