Trademark in the Fashion Industry – Best Way to Protect a Fashion Brand

A Trademark consists of a brand logo, name, slogan, or word which aids the clients to recognise a company’s products or services. It aids to differentiate the origin of the good of one from the other goods/services provider. For a marketer, a brand represents the company’s value and intends to create awareness and trust. This is created via personal contact with the customer in connection with the use of products or services, contact with client support or sales or via marketing (Brand Communication.) All Trademarks are brands, but all brands are not Trademarks. It is upon the individual interest to get Trademark Registration or not. Brand functions are identical but relate additionally to character, essence, identity, image, and reputation. Now we have understood the meaning of Trademark and brand separately. Now we are going to discuss the importance of Trademark in the Fashion Industry to protect a Fashion Brand.

Why do we require Trademark in the Fashion Industry?

Trademark is one of the types of IPR (Intellectual Property Rights), and it is defined under the Trademark Act, 1999 as Trademark is a mark or logo capable of being shown graphically and which is able of differentiating the products or services of one individual from those of others & may comprise the shape of products, the combination of goods and their packaging.

The bold creativity the fashion brands endeavour in them is something of a testing task, to find the way them from the counterfeiting issues. With such unparalleled times, new platforms have been emerging and trending like new technologies, applications, and solution-driven manufacturing. However, the fashion brands still stick to their plans, which are creating amazing, attractive, and inspiring art pieces. To maintain creativity which is attached to their brand, is what Trademark aids in.

Trademark in the fashion industry helps fashion brands to stand out in a crowded market. To let people identify the quality of goods or services by the name of such brand. For example, Lakme Fashion Week is a colour proposal that becomes part of Trademark in the Fashion Industry. It safeguards the designs, logos, names, attires, and colour combinations used by differentiating from others in existence. Trademark Registration aids in fighting out the opponents in the market.

There are numerous Fashion brands that have set their names in the fashion market and with these names come their quality guarantee. For example, H&M, ZARA and many more, the clothing brand works on its marketing plans by marketing them in each newspaper, social media platform, etc. Also, these brands pay such a heavy amount on the advertisements, to place billboards around the country & some of the big brands are spread all over the world and in packing. In the end, to protect such fashion brands from unauthorised use and imitation, they require the Registration of Trademark in the Fashion Industry.

We can say that the Fashion brands which have registered their brands under Trademark in the Fashion Industry are easily identified by the clients and are easier to choose. The amount a brand pays for its branding or advertising is more if compared with the Trademark Registration. Registration comes with security from counterfeiting and false impressions by others. The candidate can take resources of violation before the court.

Trademark Rights are used to safeguard the unique impression of the brand created in the customers’ minds and to avoid others from copying or piggybacking on the brand image & loyalty. The goodwill is attached with Trademark aids even if you have not registered it.

The Trademark comprises the following categories:

• Collective Marks;
• Certification Marks;
• Label.

Different Intellectual Properties by Which We can safeguard the Fashion Brands

Although fashion brands can be safeguard by Copyright, Geographical Indications Act, and Trademark in the Fashion Industry. We have already discussed Trademark in the Fashion Industry above now; we are going to discuss the different IP branches by which we can protect the fashion brands.

1. Copyright: Fashion Brands can be safeguarded under Copyright. They can Copyright their artistic work on the expression but not the cuts and outline; for example, The Diane Von Furstenberg wrap dress is safeguarded under its design and not safeguarded under its in the general dress, which extends to sixty years. However, on the other hand, the Design Act protects it for ten years to fifteen years maximum.
2. Geographical Indications Act: The textures and apparel used to create via handcrafted fabric or material to create accessories can fall under the protection of the Geographical Indication Act.

Case Laws – Trademark in the Fashion Industry

1- Micolube India Limited Vs. Rakesh Kumar Trading as Saurabh Industries and Ors.

In this matter, it was held that as per Section 2(d) of the Design Act^[1], no one could use a Trademark Design on a similar matter simultaneously. But, after the Amendment of the Design Act, 2000 (Section 11), the idea changed a little; an incorporated Design can be used as a Trademark and moreover detailed Section 19 by clarifying that it does not cancel out the Trademark on this particular grounds (Design Registration).

2- Christian Louboutin: This case deals with the most popular shoe brand names Christian Louboutin, the case concerning its shoes under the red sole category, which is quite popular among the clients by means of media. But, the defendant chose to counterfeit the petitioner’s red sole in their selling of shoes by intimating the red sole of it and using different colours on the other parts of the shoes. Hence, the applicant moved to the court & put down the respondent choice to imitation the petitioner’s well-known mark as clarified by the Judge in their judgement.

Conclusion

The Intellectual Property and fashion industries are growing quickly in the world. Fashion designers should get known with the ideas of how they can protect their fashion brands with the help of IPRs such as Copyright, Design, and Trademark in the Fashion Industry. Thus, its use in the fashion industry marks central significance. Trademarks are vital for brands to get protection from any future misuse. Fashion designers put a lot of innovative minds into coming up with some excellent ideas around the globe. Thus there should be ways to keep their innovative minds out of the fear of getting imitation by any unauthorised person.

Read our article:E-Registration of Trademark – A Complete Guide