Logos and Trademarks

Fashion is about clothes, designs, and self-expression. But it is also about logos. With every stitch and seam, logos have become the modern fashion statement. When it comes to many designer brands, logos are what matters, they are what make the product distinguishable from other products. Many people buy certain brands for the logo; we want others to know the brand we are wearing, which is just what logos do.  Many wear logos as a status symbol, to let others know they are part of a certain social class. Some famous logos include:

As you can see, every logo is different and unique in its own way. The story of how these logos came to be, became famous, and developed value involves trademark law.

Trademark Law

Trademarks are a crucial type of intellectual property that gives firms legal protection for their brand names, logos, slogans, and other distinguishing features. In order for a trademark to be protected by U.S. law there are 3 legal requirements that the trademark must satisfy:

  1. The trademark must satisfy the definition of a trademark: the trademark must be composed of letters and words, phrases/slogans, logos, colors, shapes, or sounds.

  2. The trademark must be distinctive. Some categories of names and logos meet this distinctiveness requirement, and some don’t:

    • Generic - not distinctive. Examples would be beer, computers, aspirin, and bicycles.

    • Descriptive – occasionally distinctive if secondary meaning. Examples would be American Airlines and Cartoon Network.

    • Suggestive - inherently distinctive. Examples would be burger king, Netflix, Jaguar, and Under Armour.

    • Arbitrary - inherently distinctive. Examples would be Apple, Starbucks, Dove, and Shell.

    • Fanciful - inherently distinctive. Examples would be Adidas, Kodak, Exxon, Polaroid, and Samsung.

  3. The trademark must be used in interstate commerce.

There are various different symbols - ™, ℠, and ® - used in connection with trademarks. Not every symbol means that the product is registered. Using ™ and ℠ is when the owner thinks that their product or service is entitled to legal protection, although it is not registered. When those symbols are used, it does not provide any trademark rights and does not have any legal significance. You are only allowed to use the registered trademark symbol ® after the US Patent and Trademark Office (USPTO) approves and registers your trademark/service mark. This symbol means that your trademark application has been reviewed, and the USPTO has determined that your trademark qualifies for legal protection under the law. Your trademark is then protected for a 10-year term until renewal. Trademarks can be registered with governmental organizations like the World Intellectual Property Organization (WIPO) in addition to the United States Patent and Trademark Office.

We interviewed Kenneth Anand, former General Counsel of Yeezy Apparel and an expert on sneakers and the law. He told us, “You are buying the product for the branding, not the product itself.” He discussed how different types of intellectual property are important in the sneaker business, and emphasized the importance of logos for sneakers:

Trademark Analysis of Famous Logos

New Balance

There are numerous trademark registrations for New Balance. New Balance first used the "NB" logo, registration number 1260939, in commerce in 1977, and submitted a trademark application for it in 1982. This trademark is registered to be used on products including Sweat Bands, Visors, Sport Shirts, Singlets, Running Shorts, Running Suits, Recreational Tops and Shorts, Socks, Walking Shoes, Boat Shoes, Aerobic Dancing Shoes, and Hiking Boots.

The logo "N" used on New Balance sneakers is another significant trademark for New Balance that remains in use today; registration number 1308133. This trademark is registered for all types of athletic footwear, including gym shoes, exercise shoes, boots, and skis.

Finally, New Balance filed a trademark application for the logo"N" again in 2022. This time the trademark will apply to virtual items, including online shops that sold their products.

Images from these three trademark registrations of New Balance are provided below. New Balance has been in business since 1977 and remains strong.

According to the Gerben Trademark Library, New Balance has more than 106 pending and registered trademarks worldwide that cover a variety of goods and services, including athletic footwear, clothing, accessories, and sports equipment. Their most popular logo, which is a stylized letter "N,", can be seen prominently on the side of New Balance clothing items and sneakers, as in the pictures presented below.

Nike

There are plenty of other brands other than designer brands. Not only do designer brands carry logos, but the outfit you are wearing right now could also have a logo on it. One of the world's most famous logos that many of us are familiar with and love is Nike Swoosh, plus Nike's slogan, “Just do it.” Many students on campus wear Nike daily, whether it be clothing, shoes, or accessories.

When doing trademark searches for Nike, we were able to locate the original trademark registrations for the Nike swoosh logo, the Nike "Just Do It" slogan, and the original Nike trademark for the brand name. The trademark Nike was first used in commerce in 1971, with registration number 0978952, and is registered for use with athletic shoes with spikes and athletic uniforms. The Nike swoosh logo was first registered in 1985 for use on footwear. The brand also uses the “Just Do It” slogan on clothing such as t-shirts, sweatshirts, and caps. This trademark application was filed in 1989, the trademark registration was granted in 1995, and the trademarked slogan is still used on their clothing to this day. Images from these three trademark registrations of Nike are provided below.

The Nike Swoosh and the slogan "Just Do It" are two of the most recognizable and iconic trademarks in the worlds of sports and fashion. Below are photos of the swoosh logo on various Nike sneakers, including Jordan 1s. Jordan, a division of Nike, is named after the retired NBA player Michael Jordan. Its line of athletic shoes has grown to be one of the most well-known in the world.

Louis Vuitton

As Kenneth Anand said in our interview, “You are buying the product for the branding, not the product itself.” For example, when it comes to luxury brands like Louis Vuitton, those brands imply exclusivity and fame. Provided here are three examples of Louis Vuitton trademark registrations. Louis Vuitton has plenty of trademark registration due to the number of designs, logos, and patterns they have made. According to the Louis Vuitton brand protection site, they have more than 18,000 intellectual properties in the world, which cover a variety of goods and services, including clothing, accessories, leather goods, and fragrances.

Although Louis Vuitton has existed, the company didn't apply for the name “Louis Vuitton” to be registered until 1975, even though (according to registration 1045932), the Louis Vuitton name had been used since 1925.

The trademark for the "LV" logo, though first used in 1897, was not registered by Louis Vuttion until 1988, registration number 1519828. It is still used on a lot of purses and any other items they produce.

Another distinctive logo trademarked in 1932 by Louis Vuitton features a variety of elements with an overall diamond shape, including letters that form or are composed of a diamond, like the letters "LV", registration 0297594. Numerous purses continue to use this emblem.

Below, you can see images of some of their products. Images from these three trademark registrations of Louis Vuitton are provided below.

The second, fourth, and fifth pictures in this photo collage of Louis Vuitton bags and wallets use the trademark in registration number 0297594. The third and sixth pictures use the trademark in registration number 1519828. A wide range of people are drawn to Louis Vuitton because of its distinctive and identifiable design aesthetic, which is both traditional and modern.

References

Admin, J.-L. (2021, January 31). Joe - LMW admin. LogoMyWay. https://blog.logomyway.com/nike-logo/

Elevated Magazines. (2022, February 1). 4 reasons to wear designer clothes. Elevated Magazines-Luxurious Jetsetting Lifestyles, Yachts, Fashion & Much More. https://www.elevatedmagazines.com/amp/4-reasons-to-wear-designer-clothes

Firm, G. L. (2022, March 2). Avoid getting in hot water with the Tm, SM and (R) symbols. Gouchev Law. https://gouchevlaw.com/avoid-getting-hot-water-tm-sm-r-symbols/

Gerben Intellectual Property. (2022, October 28). New balance trademarks - gerben intellectual property. Gerben Intellectual Property - Trademark Attorneys Trusted For Our Experience. https://www.gerbenlaw.com/trademarks/footwear/new-balance/

Louis Vuitton. (2014, May 12). Brand protection. LOUIS VUITTON ®. https://us.louisvuitton.com/eng-us/magazine/articles/brand-protection#preserving-creativity

Trademark requirements: Upcounsel 2023. UpCounsel. (n.d.). https://www.upcounsel.com/trademark-requirements

Logo image by Влада Яковенко - stock.adobe.com. Other sneaker and purse photos provided by Windy Nguyen of Delorean 88 Vintage, and Laila Avery.