Does your creation have the right protection? Understand the difference between a trademark, patent and industrial design

In the fashion industry, where aesthetics, identity and innovation go hand in hand, protecting creations goes far beyond registering a name. Understanding the difference between a trademark, patent and industrial design is an essential step to ensure legal security, market exclusivity and business longevity.

A trademark is the distinctive sign that identifies and individualizes products or services to the public. It can be composed of words, symbols, numbers, letters, images, colors and even sounds. In the fashion world, it is the name by which a label is recognized and represents the identity, reputation and positioning of a brand in the market. Registration, therefore, is a strategic instrument that protects all the value built around that name.

A patent, in turn, protects inventions with industrial application, novelty and inventive activity. In fashion, this type of protection is less common, but extremely valuable when applicable, such as in the development of technological fabrics, zippers with new functionality, or differentiated mechanisms in garments and footwear. Patents do not apply to aesthetic ideas, but rather to innovative technical solutions.

Industrial design, on the other hand, protects the ornamental form of an object. It is a protection aimed at the visual and aesthetic appearance of creations with their own identity, such as the design of an exclusive heel, the outline of a registered print, the shape of a bag or the design of a piece of jewelry.

Although they are distinct institutes, it is common for many entrepreneurs to confuse their concepts and purposes. This confusion can lead to the lack of adequate protection and the risk of losing rights to valuable creations. Each of these forms of registration serves a specific purpose, and knowing which one applies to a given creation is an essential part of a brand's legal strategy.

It is still common for brands to begin their journey without an adequate legal structure, which can result in disputes over improper use, unauthorized copies or even blocking of the use of the brand itself. Therefore, having specialized advice in Fashion Law is essential from the first steps of building a brand. This legal support guides the appropriate registrations for each type of creation, according to the legal requirements and the specificities of the sector.

In Fashion Law, protecting is positioning. And every solid brand starts with a well-built legal foundation. To do this, seek out a specialist professional to provide support and personalized guidance for your brand.