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A pair of eye-catching trainers displayed in a shop window on Carnaby Street, with a price tag reading £199 and bold colours designed to turn heads — this is fashion as branding at its most immediate. The shoe is not just a product; it is a statement, an identity, and a carefully constructed piece of intellectual property. From the design of the sole to the name on the box, every element of a fashion product can be the subject of trade mark protection.
For business owners in the fashion industry, from established luxury houses to independent designers selling through market stalls or online platforms, trade marks are the foundation upon which brand value is built. And nowhere is the importance of trade marks more apparent than in the fiercely competitive world of footwear.
Why Fashion Brands Live and Die by Their Trade Marks
Fashion is one of the most brand-driven industries in the world. Consumers do not just buy a pair of shoes — they buy into a brand, a lifestyle, and an aesthetic. The trademark — the name, the logo, the distinctive design elements — is what transforms a commodity product into a desirable, premium item that commands a higher price.
Consider the power of a recognisable shoe brand. The name on the tongue, the shape of the sole, the distinctive colourway — these are all potential trademarks. They are the things that allow consumers to identify the product as coming from a particular source and to distinguish it from the offerings of competitors.
For fashion entrepreneurs, the implication is that trade mark strategy should be one of the very first items on the business plan. Choosing a strong, distinctive brand name and securing trade mark protection before you launch is far more cost-effective than trying to rebrand later or fighting a legal battle over a name that someone else got to first.
Carnaby Street: A History of Fashion Branding
There is no more fitting setting for a discussion of fashion trade marks than Carnaby Street. Since the 1960s, this small street in the heart of London’s West End has been synonymous with cutting-edge fashion, youth culture, and brand innovation. The street itself has become a brand — a destination that draws fashion-conscious visitors from around the world.
The businesses that thrive on Carnaby Street understand the value of brand identity. Whether it is a heritage British label or an innovative newcomer, the brands that succeed on this iconic street are those that have invested in creating and protecting a distinctive identity. Their trade marks are not an afterthought; they are central to the business model.
For smaller designers and boutique owners, the lesson is clear. You do not need to be a global fashion house to benefit from trademark protection. Even if you are selling through a single shop or an online store, your brand name and logo are assets worth protecting.
Beyond the Name: Non-Traditional Trade Marks in Fashion
One of the most intriguing areas of trade mark law in the fashion context is the protection of non-traditional marks. While most people think of trade marks as names and logos, the law also allows the registration of shapes, colours, patterns, and even textures in certain circumstances.
In footwear, this issue is particularly relevant. The distinctive red sole of a famous luxury shoe brand has been the subject of extensive trade mark litigation across multiple jurisdictions. The key question in such cases is whether the feature in question serves as an indicator of origin — that is, whether consumers see that feature and immediately associate it with a particular brand.
For shoe designers, the ruling opens up possibilities beyond simply registering a name and logo. If your product has a truly distinctive design element — a unique sole shape, a signature colour combination, a particular stitching pattern — it may be possible to protect that element as a trademark. However, the bar for registering non-traditional marks is higher than for word or figurative marks, and the element must be genuinely distinctive rather than purely functional or decorative.
The Counterfeit Problem
Fashion and footwear are among the most counterfeited product categories in the world. The lure of producing cheap copies of desirable, premium-priced products is irresistible to counterfeiters, and the impact on legitimate brand owners is enormous. Lost sales, damaged reputation, and potential safety concerns from poorly made counterfeit goods are all consequences that brand owners face.
Trade mark registration is the single most important tool in the fight against counterfeiting. It allows brand owners to work with enforcement authorities, including Trading Standards and Border Force in the UK, to seize counterfeit goods. It facilitates takedown requests on online marketplaces like Amazon, eBay, and social media platforms, where counterfeit goods often circulate. And it provides the legal basis for civil proceedings against counterfeiters.
For fashion businesses of all sizes, monitoring the market for counterfeit products should be an ongoing priority. This includes watching online marketplaces, social media, and even physical markets and boot fairs. Early detection and swift enforcement action send a clear message that your brand is protected and that counterfeiting will not be tolerated.
Fast Fashion and Trade Mark Disputes
The rise of fast fashion has created a new set of challenges for trade mark owners. Fast fashion brands operate by identifying trends and bringing affordable versions to market with extraordinary speed. Drawing on a trend is perfectly legitimate, but there is a fine line between that and copying a specific brand’s distinctive elements.
Trade mark disputes between established fashion brands and fast fashion retailers have become increasingly common. These cases often turn on questions of similarity — is the fast fashion product sufficiently similar to the original brand’s trademark to cause confusion among consumers? The assessment looks at the marks’ visual, aural, and conceptual similarity, the goods’ similarity, and the likelihood of consumer confusion.
For brand owners, having a strong trademark portfolio — covering not just the name and logo but also distinctive design elements — provides the broadest possible protection against look-alike products. For fast fashion businesses, understanding where the legal boundaries lie helps them avoid costly infringement disputes.
Building a Fashion Brand That Lasts
The most successful fashion brands are those that treat their intellectual property as a core business asset from the very beginning. This means choosing a distinctive name, registering it as a trade mark in the relevant classes (Class 25 for clothing and footwear, Class 18 for bags and leather goods, Class 14 for jewellery, and Class 35 for retail services, among others), and being vigilant about enforcement.
It also means thinking internationally. Fashion is a global industry, and if you have ambitions to sell beyond the UK, you need trade mark protection in your target markets. The Madrid Protocol offers an efficient route to international registration, and planning your filing strategy early can save significant cost and complexity later.
We work with fashion businesses at every stage of their journey — from independent designers launching their first collection to established brands managing global portfolios. We understand the unique challenges of the fashion industry and provide practical, commercially minded advice that helps your brand flourish.
If you are building a fashion brand and want to ensure it is properly protected, we would love to hear from you.
tmr@trademarkroom.com
www.trademarkroom.com
