Protect the Brand Behind the Collection
Fashion brands compete on names, logos, and designs that are copied within weeks. We clear and register fashion marks, protect distinctive designs as trade dress, and act against counterfeits online and at the border.
What fashion brands run into
Miami's fashion, swimwear, and resort-wear brands, and its role as a gateway for Latin American apparel, make fashion one of the busiest local trademark practices.
Clearing a brand name in a crowded class
Class 25 is the largest class at the USPTO, so new names often conflict with earlier marks.
Federal Trademark Applications →Problem 2Knockoff designs
Copyright protects little of a garment's design. Distinctive designs need trade dress or design patent protection.
Federal Trade Dress →Problem 3Counterfeits online and at the border
Counterfeit apparel moves through marketplaces and ports. Registration, CBP recordation, and Brand Registry work together.
U.S. Customs (CBP) Recordation →Problem 4Schedule A lawsuits
Sellers are sued in batches, often in Illinois, with accounts frozen before they are told.
Schedule A Disputes →Problem 5Collaborations and licensing
Collabs, capsule lines, and licensing deals need clear terms on ownership, quality control, and co-branding.
Federal Trademark Applications →What we recommend for fashion brands
Our five most important steps for protecting a brand in this industry, in the order most clients need them.
Clear the name before the first sample run
Class 25 is crowded. A full search before you order labels and hangtags avoids a forced rebrand after launch.
Register the word mark and the logo separately
A standard-character registration for the name protects it in any style. Register the logo separately if it will appear on its own.
Build a record for your signature designs
Keep dated design files, sales figures, and advertising that features distinctive elements. That record supports trade dress claims later.
Record with CBP and enroll in Brand Registry
Once registered, record the mark with U.S. Customs and enroll in Amazon Brand Registry so counterfeits are stopped before they reach buyers.
Put collaborations in writing
Every collab, license, or manufacturing deal should say who owns new designs and co-branded marks and how quality is controlled.
Fashion brand filings at the USPTO, 2021 to 2026
Applicants filed 328,768 U.S. trademark applications in this category from 2021 to 2025, and filings in 2025 were down 23% from 2021. 328,518 live registrations cover it today.
Applications filed per year
U.S. applications by filing date. The 2026 bar covers January to late October.
View data table
| Year | Applications filed | Registered to date | Abandoned | Registrations issued that year |
|---|---|---|---|---|
| 2021 | 82,928 | 44,396 | 36,108 | 41,554 |
| 2022 | 60,559 | 30,603 | 27,144 | 35,677 |
| 2023 | 59,406 | 28,692 | 24,315 | 31,555 |
| 2024 | 61,879 | 30,126 | 22,696 | 34,773 |
| 2025 | 63,996 | 25,164 | 16,722 | 38,627 |
| 2026 (Jan.–Oct.) | 59,310 | 5,679 | 2,437 | 35,562 |
Applications filed and registrations issued
Applications by filing year, and registrations by the year they issued.
What happened to each year's applications
Status today of applications filed each year. Recent years are still largely pending.
How we counted. USPTO trademark records, retrieved October 28, 2026. The USPTO does not classify filings by industry, so this page counts: Applications naming Class 25 (clothing, footwear, and headwear). Accessories in Classes 14 and 18 are counted on the Luxury Goods page. An application is counted once even if it names several qualifying classes.
Top five trademark registrants: Fashion Law
The owners that received the most U.S. registrations in this category since January 2021.
U.S. registrations issued since January 2021, by owner
Registrations issued January 2021 to October 2026 in the category described in the data section, by current owner.
View data table
| Rank | Owner | Registrations since 2021 |
|---|---|---|
| 1 | Skechers U.S.A., Inc. II | 179 |
| 2 | Major League Soccer, L.L.C. | 105 |
| 3 | Aritzia LP | 105 |
| 4 | Roadget Business Pte. Ltd. (SHEIN) | 104 |
| 5 | Ghost Global LLC | 96 |
Owners identified from a random sample of 19,537 of the 217,748 registrations in the category, then counted across all of them by owner name. Listed for information only. These companies are not clients of the firm, and their inclusion implies no affiliation.
What the law says
- U.S. copyright protects only the separable artistic features of clothing (Star Athletica v. Varsity Brands, 2017), so trade dress, design patents, and trademarks carry most of the protection.
- Product-design trade dress is never inherently distinctive. It must acquire distinctiveness before it can be registered or enforced (Wal-Mart v. Samara Brothers, 2000).
- Counterfeiting remedies under the Lanham Act include statutory damages of up to $2 million per counterfeit mark per type of goods for willful counterfeiting.
Start here: a checklist for a new brand
Your checks are not saved.
Who does what for your brand
A licensed attorney is responsible for each matter, supported by paralegals and docketing staff who manage documents, deadlines, and monitoring.
Attorneys
Strategy, filings, and enforcement.
- Clearance searches and written risk opinions
- Applications drafted for fashion goods and services
- Responses to USPTO refusals and oppositions
- Demand letters, licenses, and litigation
Paralegals and docketing
Files complete and deadlines met.
- Specimens, dates of use, and evidence
- Docketing of every USPTO and renewal deadline
- U.S. Customs recordation and Amazon Brand Registry
- Watch notices for new conflicting filings
Client service
Clear, bilingual, and easy to reach.
- Service in English and Spanish
- Copies of every USPTO notice, explained
- A written estimate before each filing
- Renewal reminders well in advance
Frequently asked questions
Can I protect a clothing design?
Sometimes. Copyright covers only separable artistic features. Distinctive designs may qualify as trade dress after they acquire distinctiveness, and new designs can be protected by design patents.
Do I need a separate registration for my logo?
It is recommended if the logo is used on its own. The word mark protects the name; the logo registration protects the design.
What classes should a clothing brand file in?
Class 25 for clothing, and often Class 35 for retail store services, Class 18 for bags, and Class 14 for jewelry.
What is a Schedule A case?
A lawsuit against many online sellers at once, usually with an order freezing their accounts. Sellers should respond quickly.
Can I stop counterfeits at the border?
Yes. Once registered, the mark can be recorded with U.S. Customs and Border Protection, which can detain infringing imports.
How long does a clothing application take?
Usually 12 to 18 months from filing to registration, longer if the USPTO issues a refusal.
Talk to us about your fashion brand
Tell us your brand, what you sell, and where. We will check the register, recommend the right filings, and give you a written estimate.
- Clearance searches
- Federal and Florida filings
- Enforcement and litigation
- Customs and marketplace protection