Patent vs. Trademark: what protects your fashion brand?

In the fashion industry, protecting intellectual property is essential to building value and ensuring exclusivity. Yet, many entrepreneurs confuse patents with trademark registration — and this can lead to serious risks.

A trademark protects the distinctive elements that identify your brand, such as its name, logo, or slogan. Fashion example: the Louis Vuitton “LV” monogram or the brand name “Farm” in Brazil are protected trademarks.

A patent protects inventions or utility models that bring a new technical solution. Fashion example: the invention of Gore-Tex fabric (a breathable and waterproof textile) or an innovative shoe fastening system.

 In practice:

• To protect your brand identity → Trademark registration.

• To protect a technical innovation → Patent.

In Fashion Law, understanding this difference ensures your creations are safeguarded against misuse and unfair competition. Early legal guidance makes all the difference.