Tahir's Tips: How to Trademark Your Name
Gianni Versace knew exactly what he was saying when he said: “I take care of my name.” Names or symbols that distinguish the clothes of one company from another are – as I’m sure you are all aware – generally referred to as a company’s 'brand'. A strong brand is a fundamental part of a fashion company’s identity and generally one of its most prized assets. Top brands such as Versace, Polo Ralph Lauren, Saint Laurent, Mulberry, Dolce & Gabbana or Moschino have become synonymous with a particular style, message and reputation.
Top fashion businesses spend millions of pounds reinforcing their brands through PR, marketing and advertising. This generates goodwill in the brand, which can create customer loyalty and add value to the consumer perception of the brand. Commercialisation of a brand can also create a crucial extra revenue stream via the sale, licensing or franchising of a brand. Licensing is particularly commonplace in the fashion industry. Brands can even act as security on the basis of which a bank or lender will lend money on.
As a result of the value attached to brands, most companies in the industry will have their brand or brands registered as trademarks. By registering a trademark you will have exclusive rights to use the trademark (in the territory in which it is registered) for the goods and services for which it is registered. That registered trademark will be on a public register putting third parties on notice as to who owns the trademark.
Today's tips provide basic trademark related pointers for those of you who may have some interest in registering a brand as a trademark:
What is a trademark?
Trademark law was established to give businesses a way to distinguish themselves from one another. A trademark is therefore a designation of origin.
What can be registered?
A trademark can be a name, symbol, logo, numerals, sounds (the Intel jingle is a trademark) or even smells. However, it must be capable of graphic representation. Examples of well-known fashion trademarks are all the brands mentioned above; the Burberry check, the Louis Vuitton print, the Gucci double 'G' and the Chanel's double 'C'.
What cannot be registered?
Trademarks will not be registrable;
1. If it Describes your goods or services or any characteristics of them, for example, “fantastic shoes” would not be registrable.
2. If it has become customary in the fashion industry (for example a jumpsuit, wellington or Mackintosh) are not distinctive.
3. If it is a three dimensional shape (design rights apply to these), if the shape is typical of the goods you are interested in, has a function or adds value to the goods (for example a button loop).
4. If it is a protected emblem (for example the state emblems).
5. Or finally, if it is offensive, illegal or deceptive.
Where can I register?
A registered trademark is a territorial right. It will only offer protection in the territory for which it is registered. In the UK a business should consider the following initial options;
1. A UK national trademark.
2. A European trademark.
3. An international registration which designates the UK (this will provide a bundle of national registrations in the selected countries but can be filed with a single application).
What should I register for?
You will only be protected for those goods and/or services listed in the application. You should therefore think carefully about what you would like covered. There are official classes that you can choose from. I always advise clients to focus on core products or services and perhaps other products or services that the brand is likely to extend into within the next two years or so.
What’s the cost?
The cost will depend on the number of territories and the classes that you choose. The more you choose the more expensive it will be. So you will need to budget properly.
How long will it last for?
A trademark will last for 10 years but it can be renewed. So in theory as long as you renew every 10 years, you can keep the registered trademark forever.
Our team that works on brands with many fashion businesses, labels, designers and bloggers to register their brands. If you have any queries about the process then please let us know at [email protected] or [email protected].
