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Does Your Clothing Line Need a Patent?

John Wilson • February 28, 2023

Dallas Fashion & Design Patent Attorney 

Fashion designers face challenges in a rapidly changing world, full of rapidly changing styles, and fraught with a propensity for competitors to copy relevant and hot designs in your vibrant portfolio. Startup fashion houses protect their brands through copyrights, trademarks and, when appropriate, patents.


Typically, obtaining copyrights or trademarks for clothing designs is easier than getting any patent. Our patent attorneys will guide you seamlessly through the process to protect your fashion ideas.  Importantly, your profits, reputation, and attraction toward investors can also benefit from filing a patent.  The ability to license you patent to third parties and also prevent anyone from duplicating and selling your concepts without your explicit permission is an asset.  Patents for clothing and other unique designs in the fashion industry are about protecting your original ideas.


The U.S. Patent and Trademark Office (USPTO) handles all patent and trademark applications.

  • What is a Design Patent?

    A design patent protects a product's ornamental appearance--in other words, the look of a product. This may include the shape and configuration of the product as well as any surface decoration. 

  • What is a Utility Patent?

    A utility patent protects a product's the functional operative aspects of an invention--in other words, how the product works. 

  • What is Required to File a Clothing Utility Patent?

    If you want to protect your clothing using a utility patent, you will have to meet the following requirements:


    • The item of clothing must be new and unique;
    • It must have some functional aspect other than just the design of the article of clothing; and
    • The same or similar idea must have not been previously patented.

  • What is Required to File a Clothing Design Patent?

    If you want to protect your clothing using a design patent, you will have to meet the following requirements:


    • The item of clothing must be new and unique;
    • It must not affect the function of the article of clothing; and
    • It must be inseparable from the article to which it is attached.

     

     

    The same or similar design must have not been previously patented

Clothing Design Patent

Does Your Clothing Line Need a Patent? 

Patents in the fashion industry are usually artistic or functionally different inventions. If you think your idea is worthy of a patent, call our attorneys for a free consultation. From there, our first step would be determining whether your invention qualifies for a patent. Next, we would research to assess whether  your vision is or is not already patented. Finally, we will submit a patent application on your behalf. During this process, it is imperative that you keep detailed records and documentation regarding your idea.


Many unique ideas make it to the market before being protected by patents, trademarks, or copyrights. You can monopolize a specific fashion industry sector by working one step ahead by using a patent. Although you will probably not be able to patent your entire clothing line, certain clothing pieces with particular designs or novelty can and should be protected.   You have exclusive rights to produce your creation provided you successfully secure a patent, and you don’t let your patent expire.

Can I Patent a Clothing Brand? 

The clothing brand cannot be patented, but it can be trademarked. This means that your brand name and logo may be protected as a common law trademark or as a registered trademark once file and formally approved by a trademark office.  Our trademark lawyers can assist you in trademarking your brand.

One Design Per Patent

You cannot file multiple designs or functional fashions in one patent.  Instead, the Patent Office allows you to file variants of your invention as separate additional patents thereby aiding in protecting your fashion line. Patents in the fashion industry are usually artistic or functionally different inventions. In the fashion industry, fast fashion can be one of your greatest issues with copycats.  Typically, obtaining copyrights or trademarks for clothing designs is easier than getting any patent. Our patent attorneys will guide you seamlessly through the process to protect your fashion ideas.  The U.S. Patent and Trademark Office (USPTO) handles all patent and trademark requests.

  • Why Do I Need a Patent for My Clothing Design?

    A unique fashion article that has secured a design patent gives the patent holder the right to exlude others from imitating it and one can sell or license such patent to a clothing company. 

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The Wilson Legal Group are Dallas attorneys that specializes in Patents, Trademarks, Copyrights, Trade Secrets, Complex Litigation, Business/Corporate Law, Family Law and Real Estate Law. At the Wilson Legal Group, our clients are our focus. Our philosophy is simple and straight-forward: Understand our clients' needs, hopes, and interests in order to help them flourish. Our staff strives to build strong relationships with our clients in order to appreciate their best interests and help them achieve their goals.

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