19 January 2026
Fashion Trade Mark disputes usually come down to one blunt question:
Is this design a brand identifier—or just decoration riding a trend?
That tension sits right at the fault line of intellectual property law, and it’s getting harder for brands to win.
Source vs. Trend (The Real Fight)
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Source (Trade Mark): A design element consumers instantly link to one brand—think a logo, colour, or pattern that signals origin (for example, Nike’s Swoosh).
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Trend (Ornamentation): A popular look everyone uses—woven textures, silhouettes, colours—attractive, but not exclusive.
The problem? Regulators and courts are sceptical. If a design looks decorative or widely used, it’s often rejected as a Trade Mark—even if the brand insists consumers “know it when they see it”.
Why Fashion Trade Marks Are So Hard
1. Acquired Distinctiveness
Brands must prove consumers see a design as the brand itself, not just the product. That means years of consistent use, heavy marketing, and real evidence of recognition—not assumptions.
2. Clothing Is a “Useful Article”
Copyright law rarely protects garments as a whole. Only design elements that can be separated from function may qualify—frustrating for designers trying to protect an entire look.
3. The Dupe Economy
Cheap lookalikes flood the market fast. As copying becomes normalised, disputes often shift away from design similarity and toward whether dupe sellers are misleading consumers through their marketing.
4. Generic Names Kill Rights
Even foreign words can fail as Trade Marks if consumers understand the meaning. Case in point: Vetements lost protection because “vêtements” simply means “clothing”.
Real-World Flashpoints
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Naghedi (woven neoprene): Argues its weave functions as a Trade Mark after years of use—despite early objections that it was just ornamentation.
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Nike: Aggressively enforces the Swoosh, relying on fame and strong consumer recognition.
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Vetements: Name deemed generic—no Trade Mark monopoly allowed.
The Takeaway
Fashion brands are racing to turn designs into Trade Marks in a market where trends spread instantly and copying is everywhere. If a design becomes popular too fast—or looks functional—it may never be protectable.
Get this wrong and you can spend years building a look you don’t legally own.
Protect Your Brand Before It Becomes “Just a Trend”
At IP Solved, we help fashion and consumer brands:
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identify what can be protected (and what can’t),
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build evidence of distinctiveness early,
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avoid overreaching claims that backfire, and
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respond strategically to copycats and dupe sellers.
Talk to IP Solved before your signature design becomes everyone else’s trend.
