The fact that a trademark has been successfully registered with the patent office and appears in official registers. The fashion industry is primarily associated with labels and distinctive logos, and many designers and brand owners believe that nothing beyond the company name is truly protectable. Since trends are common, colors return every few seasons, and being inspired by others' ideas is inherent in fashion, it might seem that no infringement will occur. However, this belief is not only incomplete but also downright misleading. In reality, designers have a wide range of tools at their disposal to protect not only the brand name but also the very appearance of the product and collection.
In the Polish legal system, these issues are regulated by the Industrial Property Law Act of 30 June 2000, supplemented by EU regulations on the EU trademark and European Union design. It's worth noting that while work is underway on a new, comprehensive industrial property law, the 2000 act remains in force. On 1 May 2025, a reform of EU design law entered into force, renaming the existing "Community design" to "European Union industrial design" (EU design). This means that fashion protection is multi-layered, and its effective planning requires knowledge of several separate instruments.
What exactly are we protecting? Three layers of protection for a fashion house
The first step is to distinguish which elements of the fashion industry and which exclusive rights can be protected. These tools differ in the subject matter and scope of protection.
Trademarks: They protect a brand's identity, not just the product's appearance. This includes the fashion house's name, logo, or distinctive monogram, but also less obvious designations such as color (a prime example is the red sole of Christian Louboutin shoes, protected as a positional and color trademark), shape, or component arrangement. Trademark protection lasts ten years and can be extended indefinitely, as long as the brand remains in business.
Industrial designs: These are a key tool from the designer's perspective, as they protect the product's appearance – cut, silhouette, pattern, print, ornament, texture, and packaging. To obtain protection, a design must be new and unique, meaning it must evoke a different overall impression on an informed user than already known designs. A design registration with the Polish Patent Office or the EUIPO can last for a maximum of 25 years (in five five-year periods).
Inventions and utility models: This layer is often overlooked, yet it is gaining importance in the sportswear and technical apparel segment. Patents or utility models can protect technical solutions—membranes and fabric technologies, innovative fasteners, functional structures, or materials with special properties.
Registered or unregistered design – a key choice for every collection
The nature of fashion is that designers create dozens, sometimes hundreds, of designs each year, most of which last only a single season. Registering each design would be costly and impractical, so the law provides two paths to protecting a product's appearance.
A registered design (with the Polish Patent Office or as an EU design with the EUIPO) provides the strongest position. Exclusive rights then also apply to creators who created a similar design independently and in good faith, and protection can last up to 25 years. This solution is suitable for iconic products, flagship designs, and designs with a long market life.
An unregistered European Union design, on the other hand, is created automatically – the moment a design is first made publicly available within the EU (at a fashion show, in a lookbook, or for sale). It requires no formalities or fees, but lasts only three years and protects only against copying, not against the independent creation of a similar design. This instrument is practically designed for seasonal collections and fast fashion. It's worth remembering the twelve-month grace period (novelty relief): publicly showing a design doesn't destroy its novelty if the application for registration is filed within a year. Therefore, a runway show doesn't bar the possibility of later, stronger registered protection.
Where protection ends – imitation and the question of evidence
Just as important as knowing what can be protected is understanding the limits of that protection. Industrial property law protects the specific, tangible form of a product, not a general idea, trend, or style. Therefore, it's impossible to monopolize a "floral dress," an "oversized jacket," or a specific seasonal color palette—it's the individual design that's protected, not the concept itself. Appearance features resulting solely from the product's technical function are also excluded from protection.
Importantly, if the design has not been registered and the three-year protection period for an unregistered design has already expired, the entrepreneur is not completely defenseless – they can resort to the Act on Combating Unfair Competition, in particular the provisions on so-called slavish imitation of a finished product. However, this is a separate legal regime, based on different premises and significantly more difficult to prove.
To sum up
Contrary to popular belief, fashion is one of the best legally "armed" industries, provided the available tools are used consciously. An effective strategy involves layering protection—trademarks to protect the brand, industrial designs to protect the appearance of products, and sometimes patents and utility models for technical solutions. It's crucial to consciously resolve the dilemma between registered and unregistered protection, consistently document collection release dates, and remember the boundaries beyond which unprotectable trends and ideas lie. Given the complexity of this matter and the multitude of possible paths, it's always worth consulting a patent attorney before considering a protection strategy.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of June 18, 2026.
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