Patent Your Clothing Design

All clothing designs are immediately protected by a copyright however any small change and it is a new design.

Patent your clothing design. Generally standard clothing like shirts dresses hats will not be eligible for design patents. 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. Without a strong trademark it s nearly impossible to grow your brand. However it is a long and difficult process.

Design patents are also potentially available if a clothing design is a new and non obvious and provides some sort of novel utility. This is because you are claiming invention of the unique look of the clothing and not the clothing itself. Clothing companies may patent unique designs so that other companies can t imitate it. Consumers will link your trademark to every aspect of your company including the design of your clothing.

Updated july 6 2020. If the patent office grants you a patent you ll. Choosing the correct form is important because a patent may be rejected in one form but accepted in another. Utility patents protect the idea s functionality while design patents protect the idea s appearance.

The two most common types for all patents including clothing accessory ideas are design patents and utility patents. Some designers seek to patent their clothing designs to prevent others from copying their work. Marines have received design patents for their camouflage patterns and combat uniforms. If you can achieve it the extra layer of protection can be very powerful.

When a person holds the rights to a design patent he or she can license or sell those rights to a clothing company. 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. A design patent may be granted to anyone who invents a new original and ornamental design for an article of clothing. The clothing industry is fast paced and designers both small and large face the serious issue of design knockoffs.

That is why applying for a trademark is the first step you need to take when releasing a new line of clothing. The name of your clothing line if you have one would be most likely to be protected by trademark laws. An industrial design protects the appealing features of a product. A design patent may be available for a new and unique ornamental design such as marine corps camo patterns.

Most of the time you would patent the unique design of your apparel with a design patent. Clothing can be patented. In canada you can secure design patents by the way of industrial design registration.