How to Trademark a Clothing Brand in 2025: A Complete Guide for Small Business Owners

If you’re a small business owner launching a new clothing brand, protecting your brand is just as important as creating standout designs. In the highly competitive fashion industry, trademarking your clothing brand gives you exclusive rights to your name, logo, and designs, and ensures competitors can’t profit from your hard work.

This comprehensive guide will walk you through everything you need to know about how to trademark a clothing brand in 2025, including:

• What a trademark is and why it matters
• What parts of your clothing brand can be trademarked
• Step-by-step instructions for filing
• Common mistakes to avoid
• How LawTask can help you streamline the process

Whether you’re just starting out or already selling online or in stores, this guide will help you secure your brand identity and position your business for long-term success.

What Is a Trademark and Why Is It Important for Clothing Brands?

A trademark is a form of intellectual property protection that gives you the exclusive legal right to use a name, logo, slogan, or design in connection with your goods or services. For clothing brands, this typically means:

• Brand name (e.g., Minimal Thread Co.)
• Logo or symbol (e.g., your brand’s unique emblem)
• Taglines or slogans (e.g., Wear Your Mood)
• Stylized fonts or graphical elements associated with your brand

Why You Need a Trademark for Your Clothing Brand

The fashion industry is oversaturated with brands, influencers, and creators launching new apparel lines every day. Without a registered trademark, someone else could:

• Copy your brand name or logo
• Register your brand before you do
• File a complaint with platforms like Shopify, Etsy, or Amazon to get your store taken down
• Prevent you from expanding into retail or international markets

Registering your trademark with the U.S. Patent and Trademark Office (USPTO) gives you legal ownership of your brand and the ability to enforce it.

What Can You Trademark for a Clothing Brand?

Not everything can or should be trademarked. The USPTO will only register marks that are distinctive and not too generic or descriptive. Here are the most common elements clothing brands trademark:

1. Brand Name (Word Mark)

This is the name your customers recognize and search for. The best brand names are:

• Unique
• Memorable
• Not descriptive of the actual clothing

Example: “Supreme” is trademarked. “Streetwear USA” would likely be rejected as too descriptive.

2. Logo Design

Your logo can be a visual symbol or a stylized version of your brand name. If your logo evolves, you may need to file new trademarks to cover the changes.

3. Tagline or Slogan

If you use a short phrase consistently on your apparel or marketing materials, it may qualify for protection if it’s distinctive and not generic.

4. Specific Product Lines or Collection Names

If you develop popular sub-brands or seasonal collections (e.g., “Denim Rebellion”), these can sometimes be trademarked, especially if marketed independently.

5. Packaging Design and Labels (Trade Dress)

In certain cases, even the look and feel of your clothing tags, packaging, or store setup can qualify for trademark protection under “trade dress.”

How to Trademark a Clothing Brand (Step-by-Step Guide)

Here’s how to trademark your clothing brand in the U.S. in 2025:

Step 1: Conduct a Trademark Search

Before you file, you must make sure your brand name or logo isn’t already taken. This means searching the USPTO database, Google, social media platforms, and online marketplaces.

Pro tip: A proper search goes beyond exact matches—also look for similar-sounding or similarly spelled names in the same category (Class 25 for clothing).

Step 2: Choose the Correct Trademark Class

Clothing falls under Trademark Class 25, which includes:

• T-shirts
• Hats
• Pants
• Jackets
• Footwear
• Athletic wear

If you also offer branded services like a retail store or online store, you might also need to file under Class 35 (retail services).

Step 3: Decide Between ‘In Use’ vs. ‘Intent to Use’

• If you’re already selling products with your brand name or logo, file as “Use in Commerce.”
• If you’re not yet selling, file an “Intent to Use” application. You’ll get extra time to launch, but will need to submit proof of use later.

Step 4: File Your Application with the USPTO

You can file directly on USPTO.gov. The application requires:

• Your name and entity info (LLC, sole proprietor, etc.)
• A description of goods (e.g., “clothing, namely t-shirts and hoodies”)
• A specimen showing the mark in use (if already selling)
• Government filing fee: $350 per class

Step 5: Respond to USPTO Office Actions (If Any)

After filing, a USPTO examiner will review your application. If they raise any objections, you’ll receive an Office Action you must respond to, typically within 3 months. Common issues include:

• Descriptiveness refusals
• Likelihood of confusion with existing marks
• Improper specimens

Step 6: Monitor and Maintain Your Trademark

Once registered, you’ll receive a certificate. But your work isn’t done. You must:

• Use the ® symbol only after registration (™ can be used anytime)
• File maintenance documents between years 5–6 and 9–10
• Monitor competitors and take action against infringers

Common Mistakes to Avoid When Trademarking a Clothing Brand

Even a small error can delay your trademark or result in a denial. Here are the most common pitfalls:

1. Choosing a Descriptive or Generic Name

Names like “Casual Shirts” or “LA Streetwear” are unlikely to be approved. Be creative and aim for a distinctive name.

2. Skipping the Search

Many small business owners assume their brand is unique—only to find out it’s already registered or in use. A simple search now can save legal fees later.

3. Incorrect Trademark Class

If you file in the wrong class (e.g., software or household goods), your application will be rejected or offer no real protection.

4. Poor Specimen Submission

For clothing brands, a valid specimen might include:

• A product photo showing the label or hang tag
• A website product page with your brand and a “Buy Now” button
• Product packaging showing the mark clearly

5. DIY Filing Without Legal Support

While it’s possible to file on your own, many first-time applicants make mistakes that lead to delays, refusals, or wasted fees. Working with a legal team like LawTask ensures accuracy and saves time.

How Long Does It Take and How Much Does It Cost to Trademark a Clothing Brand?

Trademark Timeline (2025 Update)

• Initial Review: 4–8 months after filing
• Publication Period: 30 days for public opposition
• Registration Certificate Issued: If no opposition, expect approval around 9–12 months from the date of filing

If you filed under Intent to Use, you’ll need to file a Statement of Use before final approval—this adds time and an additional fee.

Cost Breakdown

Note: Filing in multiple classes (e.g., Class 25 + Class 35) will increase costs.

Frequently Asked Questions (FAQs)

Can I use the “TM” symbol before registering my trademark?

Yes. You can use ™ as soon as you start using your brand name or logo, even before registering. Use ® only after receiving official registration from the USPTO.

Do I need a trademark to sell clothing online?

Technically, no – but it’s highly recommended. A registered trademark protects your brand and gives you the right to take down copycats and claim ownership on platforms like Amazon, Etsy, and Instagram.

How long does a trademark last?

Indefinitely, as long as you keep using it and file required maintenance documents at the 5-year, 10-year, and 20-year marks.

What happens if someone else trademarks my brand before me?

You may lose the ability to use your brand name if they register it first, especially if you didn’t file under Intent to Use. Filing early protects your rights and avoids legal headaches.

Can I trademark a clothing design or pattern?

Individual designs or patterns are typically protected under copyright or design patents, not trademarks. However, if your design is used as a consistent brand symbol (like Nike’s swoosh), it may qualify as a trademark.

Secure Your Clothing Brand with LawTask

Launching a clothing brand in 2025 means competing in a saturated and fast-moving space. A registered trademark is one of the smartest investments you can make to secure your business and increase its long-term value.

At LawTask, we make trademarking simple. Our flat fee trademark packages include:
✅ USPTO search and risk analysis
✅ Class selection and specimen review
✅ Application preparation and filing
✅ One-on-one legal support from a licensed U.S. attorney

Ready to protect your brand?

👉 Book a free consultation or Request pricing today.

Let LawTask handle the legal side, so you can focus on building your brand.