Protection in the fashion industry: essential or surplus?

The fashion industry is arguably the fastest growing and evolving industry in the UK and across the globe.

Clothes are a necessity but the public’s love for the latest fashion and their favourite brands rake in high revenue.

While many fashion houses have their distinctive look and style but very little of these designs are protected through intellectual property rights. In a world where everyone wants to protect what is theirs, this seems strange.

Therefore it begs the question, is it necessary to protect every clothing design a brand produces to ensure that copycats do not take advantage or with designs and trends changing constantly is protection just surplus to requirements.

Many recent cases where designers have sought to prevent high street brands and lower cost companies copying their products have relied on unregistered design rights.

Unregistered design rights can protect your design but only to a limited extent. It is best to have full design protection or register your trade mark to ensure you can prevent a third party from using it.

Registration costs are relatively low therefore while it may seem a waste to register a number of designs, if these designs were to become iconic and widely recognisable, you would not have the power to prevent cheap imitations popping up all over the market if you do not register it.

Fashion brands can gain a good reputation quickly, do not let your lack of IP change that reputation to a bad one.

For more information on how trade mark protection can benefit you, contact Jane Coyle at The Trademarkroom.

By Ellis Sweetenham