There is a difference between a trademark for a business and fashion. If you are willing to launch a clothing business then you must go for logo registration UAE and trademark the brand by using the mark as a trademark or an ornamental fashion. Trademark registration consultants UAE will help you to register your brand in the fashion industry. You cannot use the mark in an ornamental fashion otherwise the United States Patent and Trademark Office will decline your registration application.
Reasons why ornamental features cannot register
In the fashion industry, you cannot use a decorative feature for a trademark. It is stated in the “Trademark Manual of Examination Procedure” (TEMP) that all decorative and ornamental designs do not discriminate between the goods associated with the trademark. The actual mark should elaborate on the source of the fashion icon or the company name.
Ornamental for trademark means?
Ornamental is a phrase or a that will most of the products entitled but does not act as a slogan of the company and the brand trademark. They are used for the decorative and aesthetic addition to a certain product or cloth. It is just a design that most the products or companies can have similar.
Just like if there is a phrase written on a T-shirt, it will not become part of the trademark. These kinds of designs and marks are just for decorative purposes but not an insignia. But some slogans that are printed on the clothes or footwear are trademarks such as the “Nike” has the slogan “just do it”, this is the trademark of the company and is known only as Nike. it is a famous phrase related to the company or brand.
Placing non-ornamental trademarks on clothes
There are some of the rules to embed a trademark logo phrase on your clothing generated by the United States Patent and Trademark Office. Trademark registration consultants UAE will guide you accordingly.
- You can place the trademark on the tag attached to the clothes.
- You can add a sticker on your garments showing the trademark.
- You can place the mark on the corner side of the cloth.
- You can attach the trademark tag inside the collar of a shirt.
- The actual purpose is to attach trademarks on the inner side where they are not clearly visible because it is not an ornamental feature or mark.
What can you do after the refusal of the mark as a trademark?
In case you received the rejection of the trademark you can reach the Office Actions. You can make it approved by changing certain things in your application.
- You can convince the authorities about the mark as it is not associated with the ornamental purpose. You should give some evidence proves in order to make the application approved.
- Indicate the proper use of the mark as a trademark by showing its relation to the product and its brand source.
- You can make your application on the basis of “intend to use” so that you will receive enough time for the preparation of a sample mark.
- You have to show that the mark is distinctive and unique and can be used to market the brand.
While thinking about starting a new business, you must keep in mind the logo registration UAE services. A company or a brand associated with clothing and garments must have a trademark or brand mark to show the distinctiveness of the product. For this purpose, trademark registration consultants UAE can help you in generating a proper application.