Protection in the clothing industry

In general, fashion companies choose not to register their clothes as designs; the turnover rate is often too high to make it worth the effort. However, this does not mean that an innovative design cannot or should not be protected.

Copyright protection is automatic by law if a clothing design is disclosed that is new and original, but in order to have the benefit of being able to provide proof, it is wise to register each creation (and the design process). Knijff can help with this.

In addition to a registered design, there is also a so-called unregistered design. This protects new, distinctive designs against other clothing that is identical or almost identical and generally applies to imitations.

It's obvious that a clothing trademark should be registered for class 25: clothing, and sometimes accessories such as handbags, perfume and sunglasses are included, but if you also have a web shop where people can buy clothes and get advice on what to buy, don't forget to include these services in your trade mark protection to give your brand maximum protection.

Is your look book ready? Don’t forget to run a check!

While certain fashion trends and styles are not protected, a new design may still be too similar to a competitor's product. Timeless designs from major brands are a risk, but so are patterns, logos or colours.

We help our clients by going through their look books to see whether they contain any products that are obvious infringements. If you have any doubts about a design, we can check it for you at an early stage.

You have a trademark that you have been using for some time. Or perhaps you have a new trademark for a new product, company name or service.

Your trademark is worth a great deal to you as it is an integral part of your identity and serves as a clear indicator to your customers that the product or service originates from your business. Hopefully, it will be a big success. To safeguard that success and act against anyone attempting to profit from it, it is important to protect your trademark name or logo. Below, we have made a list of 5 benefits of registering your trademark.

Benefit 1

The only way to obtain the exclusive right to a trademark is by registering it in the trademark register. Once you have the right to a trademark, you may safely assume that you can use it without any problem in the countries where you have registered it.

Benefit 2

Not only is your trademark protected against any other trademarks that could create confusion, but also against trade names and domain names. Confusion goes beyond that a competitor using an identical name; a trademark right protects against similar trademarks being filed and/or used for similar products or services.

Benefit 3

Protecting your trademark properly may even prevent court cases in the first place. Often, a threat is enough to deter another party that has tried to profit from the success of your trademark. These parties could be direct competitors or even your own distributer who has made your trademark successful in their country and wants some leverage against you.

Benefit 4

Even if you have already been using the trademark for years, you will still need to register it in the trademark register in order to obtain protection. Use alone in most cases does not confer any rights. If you do not register your trademark, you could be forced to stop using it in the event that another company registers it and then brings a claim against you!

Benefit 5

A trademark registration increases a company’s value. If you want to sell your brand or business in the future, potential buyers will first examine whether the trademarks (names and logos) have been registered properly. If so, the buyer can assume that they will be able to use the trademark without any obstacles.

In short, trademark infringement may be intentional or unintentional, but customer confusion almost always harms your brand. Trademark registration is, therefore, not a luxury, but a necessity.

There are a great many factors to consider when protecting a trademark. Fortunately, there are experienced trademark attorneys who specialise in this area and are only too happy to assist you in researching, registering and protecting your trademark. At Knijff, we have a team of over seventy professionals who work diligently every day to protect thousands of trademarks globally. Naturally, we would also be delighted to help you.

If you would like to receive expert guidance when registering your trademark, please contact us.

Knijff Trademark Attorneys is the leading international trademark firm in the Netherlands, protecting intellectual property for over 10,000 clients worldwide. With over 30 years of experience and more than 70 employees, we help high-profile companies with renowned brands as well as scale-ups and small and medium sized business to protect their identity and originality. Our trademark attorneys have both the best legal expertise and specialized industry knowledge, for example in the fields of pharmaceuticals, horticulture, retail and music.

We are leading in trademark protection of product names, company names, logos and product design. From trademark availability searches and guidance on introduction to thorough protection in the Benelux, European Union and the rest of the world. Knijff offers complete assistance with comprehensive services, including budget management, preparation of brand guides and legalization services.