The importance of branding and trade marks in marketing and selling clothes and apparel cannot be emphasised enough. Australian courts have readily acknowledged that when it comes to fashion, clothing and apparel, consumers become very brand conscious. If you are thinking of entering the fashion industry by designing, manufacturing or setting up clothing shops, then make sure you choose a brand that you can own and register.

LegalVision understands that importance of branding and obtaining trade mark registrations in protecting your commercial interests. Our trade mark lawyers have helped numerous business owners file and register their trade marks. Consulting with and engaging a trade mark lawyer before applying for your trade mark is important to ensure that your application satisfies formal and substantive registration requirements. Applying without awareness of the suitability and availability of your trade mark can result in costly mistakes and your application being refused.

To get in touch with the LegalVision team and talk about applying for a trade mark, fill out the form or call 1300 544 755 for a fixed-fee, no commitment quote.

A trade mark professional from LegalVision will be able to tell you what classes to apply for depending on your business activity and needs. Claiming protection for clothing can be claimed under various classes. Protection for clothing will require you to specify your goods under class 25. However, if your goods relate to safety clothing this will require you to specify class 9. There are other classes that may be relevant to your business depending on your business model. Those offering services in retail clothes will need to specify class 35.

Aside from the choosing the correct classes and identifying the correct specification relevant to your business, there are also substantive requirements specified in the Trade Marks Act 1995. This includes that your trade mark is distinctive. Assessing a trade mark’s distinctiveness requires consideration of a variety of factors and can be very technical. The best time to choose your brand and think about obtaining a trade mark registration for your brand is at the beginning before you invest time, money and effort into your brand. This will assist in avoiding difficulties in the registration process or infringing somebody else’s trade mark.
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