16/02/2024
As London Fashion Week celebrates its 40th anniversary, it’s a fitting time to celebrate the fashion and textile industry’s significant impact on UK PLC. According to research conducted by Oxford Economics it’s responsible for £62 billion of annual UK GDP, one in every 25 UK jobs and £1 in every £30 of HMRC’s annual tax receipts.
Underpinning that success is the intellectual property (IP) protection that makes commercialisation possible. From iconic catwalks to high street stores, IP is the invisible thread that enables designers and brands to ensure a fair return on their innovation and creativity.
The youngest of the Big Four, London Fashion Week has always championed the up and coming, embracing emerging talent willing to disrupt the mega-companies. London’s reputation is undoubtedly as a hub for creativity and innovation. But, even to those with established portfolios, navigating the world of IP to protect that hard work can be as complex as crafting a couture gown. Emerging companies may have taken the first steps into the corporate world by registering a company name and setting up a website, but those steps alone bring scant protection to the new business. Registered trade marks, registered designs, copyright and other IP support the fashion industry and there is a lot of advice available.
Recognising the significance to the industry, The Chartered Institute of Trade Mark Attorneys has launched a brand-new hub. This features a wide array of content from experts across the profession: ‘Understanding IP in Fashion’
Trade Marks
Trade marks protect your brand identity. Think of names, slogans, logos or symbols that distinguish your goods or services from others and help express your values. Even elements of packaging or unique selling concepts may be protected this way, if it is something you are known for. Some iconic patterns, for example the Burberry check, have even managed to secure the registered mark protection.
Trade marks are the most widely used means by which fashion brands protect themselves. Adding brand registrations not only gives the owner the enforcement value, the tools to use against copycats of those snuggling up to the reputed brand to mislead consumers and get a head-start on others. They also add value to the company. Investors are keen to see that steps have been taken to ringfence what is unique about the business. Registered trade marks can be maintained indefinitely provided they are properly used and renewed, with fees due usually only every 10 years. The timeless brands, HERMES and CHANEL have actually been registered trade marks since the 1930s.
Registered Designs
These cover the appearance of your products or any graphic logo used by the business. The distinctive shape, configuration or ornamentation of a garment or accessory could potentially be eligible for protection through registered designs.
To be registered a design must be new and have individual character. Such applications should be filed before the item is publicly unveiled. However, the actual registration can then be deferred by up to 12 months from the application date. No-one wants those checking the register to get a sneak preview on your designs.
Once a design is registered, protection can last for up to 25 years, provided renewal fees are paid every five years.
Copyright
Original prints, textiles and artwork used in designs can all fall under copyright, giving you some control over their reproduction and distribution. For works of artistic craftsmanship in the UK, copyright protection lasts for the lifetime of the creator, plus 70 years after their death. Copyright is automatic and there is no UK register of copyright. But make sure you own it. It is a common misunderstanding that if you commission and pay for a work – as opposed to draw it yourself or ask an employee to do that – you own it. It is not yours until you document a transfer of it to you.
However, there are significant challenges, especially in the UK, associated with securing and enforcing these rights in the fashion world. Registered designs and trade marks are typically a better basis on which to secure protection and challenge copycats. Having a certificate of protection is always easier than claiming to have those original notes and sketches. Somewhere. HM Customs and regional Trading Standards authorities in the UK are also happy to work with registered IP.
Patents
Patents cover functional innovations including new sustainable fabrics, manufacturing methods or developments in wearable tech. They are, perhaps, less common in fashion compared to other forms of IP but should not be entirely overlooked as they are a tangible asset on which entire businesses have been built.
Take, for example, Gore-Tex which was first patented in 1976. This gave its owner a 20-year period of exclusivity to commercialize its invention. Even now, 27 years since the patent’s expiry, it is paying dividends Gore-Tex is a licensable trade mark that other brands are willing to pay for.
Helping Fashion to Thrive
This short article can only be a beginner’s guide to IP. If it prompts questions or you would like to talk to us, please contact Reddie & Grose’s expert team of intellectual property attorneys. We very much enjoy our job devising the best IP strategy to support your business goals.
This article is for general information only. Its content is not a statement of the law on any subject and does not constitute advice. Please contact Reddie & Grose LLP for advice before taking any action in reliance on it.
