Trademarks are everywhere, drawing our attention and symbolizing brand loyalty. Some of the most recognizable logos come from footwear, where symbols are made to be noticed even when small. If you have come up with a shoe design that you would like to establish brand ownership over, you might find yourself asking, “How do you trademark shoes?” The process is simpler than you might expect.
Trademarks are one of many important factors to consider when you are first starting your business. A good trademark will be recognizable across products and designs, and they can be a helpful indicator for any imposter products. To begin building your brand’s recognition, you’ll need to know how to successfully build an application for the U.S. Patent and Trademark Office (USPTO). You will need to know:
- What your trademark looks like
- What products you want to display your trademark on
- What trademark class those products fall under
What Is a Trademark?
Trademarks are logos you assign to products. They make products that have been manufactured by your brand easily identifiable. They are a highly valuable asset for your business, but the process of compiling your federal trademark application might cause some confusion.
Trademark or Patents?
When looking at specific products, you may first need to decide whether a trademark or a patent is more appropriate. A patent for a shoe can be either utility-based or design-based. Patents are used to give exclusive commercial rights to an inventor to make a product or use a certain manufacturing technique.
The use and protections of a trademark are different from those of a patent. A trademark registers the symbol that is used to identify a product, or many products, under the same manufacturer. It is not specific to the product, although you must specify in your application which products it will be used on.
Steps to Filing a Trademark Application
After you have decided to pursue a trademark for your products, it is time to create your application. You will need to make sure that your brand name or logo meets several requirements; otherwise, the USPTO can deny your application. It is required that your logo not do any of the following:
- Be the same or similar to an existing mark for products within the same trademark class.
- Be prohibited by the government. For example, the USPTO does not allow a person to trademark the American flag or any other government symbols.
- Be merely descriptive of the product.
- Be generic or use general terms for the product, which are available everywhere.
You will also need to compile a list of all the products on which your trademark may be used. If these products belong to different classes, separate claims will need to be filed for each of those classes, incurring fees for each. Filing fees can be expensive, and you may choose to hire a third party who understands trademark laws to help you figure out an efficient course of action.
Next, you will need to submit samples, also called specimens. These samples will offer the USPTO a clear representation of what the trademark will look like on your product and how it will be used. Additionally, you must submit a separate file of the mark/logo.
Many of the application requirements of filing for a trademark are straightforward and simple to understand. However, the number of things you must gather for the application can get overwhelming, and it is easy for pieces to get lost or overlooked.
Although trademark registration attorneys are not required by the USPTO, except for when the applicant is not from the United States, it can be extraordinarily helpful to have one anyway. For international trademark applicants, the USPTO requires the applicant to have a domestic representative.
If Your Trademark Application Is Rejected
Trademark applications can be rejected for many reasons, but you are allowed to submit another application for a trademark. Common reasons for a rejection include:
- The mark was too similar to an existing registered mark
- Your product descriptions were inadequate
- You did not demonstrate the mark’s use
Alternatively, your USPTO examiner might ask you to answer a few questions before deciding whether to accept or reject your application, in which case you have the opportunity to address their questions.
FAQs
Q: What Trademark Class Are Shoes?
A: Shoes fall under trademark Class 25. In addition to shoes, Class 25 includes:
- Clothing, excluding some accessories like watches, jewelry, sunglasses, and wallets
- Headwear accessories such as sports caps, veils, berets, and ear muffs.
Roller skates and ice skates do not fall under Class 25, instead, they are trademarked as Class 28, which covers sporting goods and toys.
Q: How Do You Trademark a Product?
A: A trademark does not typically cover individual products but rather a brand name or logo for the company that makes the product. When you file for a trademark, you will need to provide a specimen, which is an example of the trademark in use on the product. Depending on which class you file in, your trademark may only cover select products. Although you cannot trademark a product, you can patent one.
Q: How Do You Patent a Shoe?
A: Patenting a shoe requires an application process similar to a trademark. You can apply for either a utility patent, which focuses on the manufacturing and structural elements of a shoe, or a design patent, which covers new, ornamental designs for a shoe. Your application must prove that the design is new and original.
Q: Can You Trademark Shoes?
A: You can trademark the brand name or logo to be attached to your shoe design. You must file for a trademark in their designated class that includes the shoes along with any other relevant products that will use your logo/brand name. The trademark belongs to the logo/brand name, not the product, although your intent to display it in or on your shoe design must be included in the application.
Legal Assistance for Trademark Processes
At Four Reasons Legal, we are familiar with the intricacies of trademark law, and we can help you navigate the process of filing for a footwear trademark for your business. Our experience goes beyond the application, extending into trademark enforcement, portfolio management, legal representation during disputes, and other matters of intellectual property violations. To schedule a consultation and discuss your trademark issue with an experienced attorney, contact us today.
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