If you’re an artist selling merch, your name isn’t just your identity — it’s your brand. Whether it’s hoodies, tees, or hats with your name or logo on them, you need to protect your merch line just like any fashion label. That’s where trademarking comes in.
Why Trademark Matters for Merch
Plenty of artists run into legal trouble after someone else files a trademark for their name — especially in connection with clothing. Even if you created the name and have been using it for years, you can lose exclusive rights if you don’t register it for apparel.
A federal trademark gives you:
- Legal ownership of your name in connection with clothing
- The right to stop others from selling knockoff merch
- Protection on platforms like Amazon, Etsy, and Shopify
- The ability to license your brand for fashion collaborations
Do You Need a Separate Trademark for Clothing?
Yes. Even if you already have a trademark for your name under music services (Class 041), that doesn’t protect it for clothing (Class 025). If you’re printing your artist name on wearable products and selling them, that’s considered a separate commercial use — and it needs its own trademark.
When Should You File?
You can file a trademark application:
- Once you’re already selling merch using your name, or
- If you plan to launch a merch line soon, using an intent to use application
Either way, filing early prevents someone else from getting there first.
Tips for Trademarking Your Name for Merch
- Use a consistent design – Don’t constantly switch fonts or layouts.
- Document your sales – Screenshots, order history, or online listings help prove use.
- Avoid generic phrases – “Live Love Laugh” won’t cut it, but your artist name will.
- Protect the logo too – If your merch includes a visual design, consider filing for that as well.
Protect Your Artist Name for Clothing Today
At Landry Legal, we help artists lock down their rights — from music to merch. If your name is tied to your clothing brand, don’t wait until someone else files first.
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