Can You Patent Clothing Design

Clothing companies may patent unique designs so that other companies can t imitate it.

Can you patent clothing design.

An industrial design protects the appealing features of a product. If this is not worthwhile to you consider applying for a trade dress which can protect the look of your brand. The short answer is yes you can patent clothing using a design patent or utility patent. A design patent may be granted to anyone who invents a new original and ornamental design for an article of clothing.

You might be wondering how to patent a clothing line. Clothing companies will often patent a unique design to prevent other companies from imitating it. Patenting your clothing will allow you to restrict others from using making selling and importing the patented clothing to the. When a person holds the rights to a design patent he or she can license or sell those rights to a clothing company.

The process for patenting a clothing design is long difficult relatively expensive and takes an average of 18 months. Rights to creative license and enrichment gained from a clothing line are automatically assigned to the creator of the original creation or concept in the form of copyright yet trademark is a registration of those rights in the form of a patented name logo or slogan. Updated july 6 2020. 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.

This is because you are claiming invention of the unique look of the clothing and not the clothing itself. Generally standard clothing like shirts dresses hats will not be eligible for design patents. Utility patents are available when the item functions in a brand new way. It s also possible to copyright the fabric print you.

Most of the time you would patent the unique design of your apparel with a design patent. It is rare that a piece of clothing can be patented. Marines have received design patents for their camouflage patterns and combat uniforms. Design patents are also potentially available if a clothing design is a new and non obvious and provides some sort of novel utility.

That said you should know the difference between what type of clothing design patents protect and design patents protect. You may be able to protect your creation with a design patent. Varsity brands stating that copyright affords no right to prohibit any person from manufacturing clothing of identical shape cut and dimensions but again that doesn t mean there aren t other avenues you can pursue. Teva was able to patent their sandals because of this a design patent may be available for a new and unique ornamental design such as marine corps camo patterns.

The name of your clothing line if you have one would be most likely to be protected by trademark laws. If the patent office grants you a patent you ll. In canada you can secure design patents by the way of industrial design registration.