Get a Clothing Patent Attorney - Protect Your Designs

Is a clothing patent or trademark better to protect your clothing design? Find out more about protecting your unique designs.

Clothing Patent Attorney for Fashion Designers and Manufacturers

Obtaining design patent protection for clothing is more challenging than copyright and trademarks. A clothing patent attorney can help protect your creativity. Contact The Patent Professor® for a free consultation today.
Applying for a patent for your clothing line or unique design is about more than just keeping people from profiting from your creativity.

By preventing others from manufacturing or selling your ideas without your permission, you can boost profits, attract investors, and build a reputation in the industry for being an innovative maverick.

Do You Need a Patent for a Clothing Line?

If you have a unique idea that will be a hit in the marketplace, it’s smart to get a patent. You might not be able to patent your entire clothing line, but you may be able to get a patent for a specific design or functionality.

When you get a patent from the U.S. Patent and Trademark Office, it essentially gives you a monopoly. Until your patent expires, you have the exclusive right to make and sell designs that utilize your innovation. No one else can manufacture or sell your designs without your permission.

How Do I Patent a Clothing Brand?

A brand by itself cannot be patented. Instead, it’s trademarked. To protect your brand name, you would file for a trademark. The Patent Professor® can handle this process for you step by step, while also helping you distinguish whether you would qualify for a patent, copyright, or trademark.

Patents are reserved for inventions. In the fashion world, that would be an ornamental design or an innovative function or utility. If your idea is particularly creative, it can attract competitors and copycats to knock off your invention, eroding your profits. In the world of fast fashion, this can be catastrophic.

The first step in patenting clothing is to determine if your invention qualifies for a patent. This involves research, and The Patent Professor® can help. Once you’ve ascertained that your idea is novel, the next step is to submit a patent application. Keeping detailed records is critical during this time. Make sure you have documentation about how and when you envisioned your creation.

Types of Patents for Clothing

Choosing the right type of patent to file is crucial because it can mean the difference between your patent being accepted or rejected. Current patent laws allow for a fashion designer, retailer, or manufacturer to file for two types of patents to protect the design.

Utility

This patent protects your idea’s functionality for a period of 20 years. For example, a shoe with a removable high heel or an innovative wrinkle-free fabric would potentially qualify for a utility patent.

Utility patents are not as common in the fashion industry because most utilities are either not new or are obvious. For example, Diane von Furstenberg is widely credited for the invention of the iconic wrap dress that became famous in the 1970s. However, the original patent was filed in 1936 and granted in 1937.

Design

A design patent protects the aesthetics or appearance of your idea. Anything that’s unique and hasn’t been done before could be eligible for a design patent.

Because the fashion industry changes rapidly, some designers and manufacturers avoid filing patents because of the time and expense involved. The Patent Professor® makes the process easier and affordable by charging a flat rate filing fee. This is important because you never know if a design will be iconic or timeless. If your design becomes popular or widely coveted, then you’ll be kicking yourself if you didn’t patent it.

Examples of these iconic designs include the Hermes Birkin® bag, Ray-Ban Wayfarer® sunglasses, and the woven design of the Bottega Veneta handbag.

Ready to Protect Your Intellectual Property?

John Rizvi is board-certified in Intellectual Property law, working with fashion designers and manufacturers for 20 years. The Patent Professor® will handle your patent application every step of the way for an affordable flat fee rate.

Tell us about your invention

Make sure that your idea or invention is protected with a patent. Contact John Rizvi, P.A., aka “The Patent Professor®” today to get started. Give us a call at (877) 728-7763.

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