The following is an edited transcript of my video Proper Evidence of Use for Clothing Trademarks.

In any application to register a trademark at the USPTO, it’s important to have the proper type of evidence to support, use, and register the trademark—whether it’s a name, a logo, or a slogan. This is most complicated, believe it or not, when it comes to clothing. The reason is that clothing is often expressive. Generally, the indicator of source for clothing will be in the back of the neck or on a hang tag or packaging when it is sold and purchased, as you can see in the visual below.

All of these things are very nuanced, and depend upon the specifics of each situation—another reason why it’s valuable to work with a experienced trademark attorney. For more information about trademark registration, see here.


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