Patent Your Clothing Design

The clothing industry is fast paced and designers both small and large face the serious issue of design knockoffs.

Patent your clothing design.

Marines have received design patents for their camouflage patterns and combat uniforms. All clothing designs are immediately protected by a copyright however any small change and it is a new design. Generally standard clothing like shirts dresses hats will not be eligible for design patents. That is why applying for a trademark is the first step you need to take when releasing a new line of clothing.

In canada you can secure design patents by the way of industrial design registration. This is because you are claiming invention of the unique look of the clothing and not the clothing itself. 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.

An industrial design protects the appealing features of a product. The two most common types for all patents including clothing accessory ideas are design patents and utility patents. A design patent may be granted to anyone who invents a new original and ornamental design for an article of clothing. Without a strong trademark it s nearly impossible to grow your brand.

Some designers seek to patent their clothing designs to prevent others from copying their work. Choosing the correct form is important because a patent may be rejected in one form but accepted in another. Clothing companies will often patent a unique design to prevent other companies from imitating it. 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.

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. If you can achieve it the extra layer of protection can be very powerful. Clothing companies may patent unique designs so that other companies can t imitate it.

If the patent office grants you a patent you ll. Utility patents protect the idea s functionality while design patents protect the idea s appearance. 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. When a person holds the rights to a design patent he or she can license or sell those rights to a clothing company.

Updated july 6 2020. Clothing can be patented. The name of your clothing line if you have one would be most likely to be protected by trademark laws.