Patent Your Clothing Design

That is why applying for a trademark is the first step you need to take when releasing a new line of clothing.

Patent your clothing design.

If the patent office grants you a patent you ll. Most of the time you would patent the unique design of your apparel with a design patent. It s also possible to copyright the fabric print you design for your clothes the actual print itself and not the cloth or the cut is copyrightable. I d suggest that the above techniques and as a result patents in general could be much more widespread in the fashion industry especially for features that are core to a brand so won t change with each season.

A design patent may be granted to anyone who invents a new original and ornamental design for an article of clothing. In canada you can secure design patents by the way of industrial design registration. A design patent may be available for a new and unique ornamental design such as marine corps camo patterns. Design patents are also potentially available if a clothing design is a new and non obvious and provides some sort of novel utility.

Clothing companies will often patent a unique design to prevent other companies from imitating it. When a person holds the rights to a design patent he or she can license or sell those rights to a clothing company. If you can achieve it the extra layer of protection can be very powerful. However it is a long and difficult process.

Consumers will link your trademark to every aspect of your company including the design of your clothing. Generally standard clothing like shirts dresses hats will not be eligible for design patents. An industrial design protects the appealing features of a product. The clothing industry is fast paced and designers both small and large face the serious issue of design knockoffs.

Clothing can be patented. Without a strong trademark it s nearly impossible to grow your brand. Choosing the correct form is important because a patent may be rejected in one form but accepted in another. The two most common types for all patents including clothing accessory ideas are design patents and utility patents.

If you develop a great idea for a new accessory and you want to capitalize on it you might want to get a patent for it. For example a particular cut a pattern distinctive embroidery and designs on a t shirt or a dress that make the item of clothing distinctive are covered under industrial designs. Marines have received design patents for their camouflage patterns and combat uniforms. Updated july 6 2020.

Some designers seek to patent their clothing designs to prevent others from copying their work. Clothing companies may patent unique designs so that other companies can t imitate it. The name of your clothing line if you have one would be most likely to be protected by trademark laws.