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clothingDenise T. wrote me asking the following, "Can the design of a piece of clothing be patented?" Denise the most likely answer is no - rarely are articles of clothing patented. However, there are exceptions, Teva Sandals were issued a utility patent that relates to how this sandal "functions to fit" rather than "how it looks". A design patent may be granted to anyone who invents a new, original, and ornamental design for an article of clothing. The U.S. 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. That's why famous designers see knock-offs of their clothing almost immediately after a runway show. To help you decide what would be right for you, I'd suggest reading, "USPTO Patents" and "Understanding Intellectual Property", and if you are serious visit an intellectual property lawyer.

Comments
November 3, 2009 at 3:36 pm
(1) Barry says:

What about Under Armor?

November 6, 2009 at 11:30 pm
(2) Antonio says:

You most certainly can get patents on clothing. The ornamental features of clothing and accessories can be protected with design patents and functional features can be protected with utility patents.

January 31, 2010 at 10:42 pm
(3) Robert says:

Wondering what it would cost to get clothes patent. Would like to do tshirt with my own design but would like how to get started . So if u could send me in the right directions, thank you

February 21, 2010 at 8:55 pm
(4) connie says:

I have a very unique pc of clothing I wwould like to paten and I know it would be a blast. What do I need to do?

February 25, 2010 at 3:46 pm
(5) James K. Poole says:

Contrary to the statement in the blog, clothing designs are not “immediately protected by copyright,” nor can a copyright be registered for “useful articles” such as clothing. It is possible to register copyrights for artistic or ornamental aspects of clothing, especially designs printed on the fabric or other surface ornamentation. Federal legislation ws introduced in 2009 to provide short-term copyright for fashion designs, but it seems to have gone nowhere.

September 17, 2010 at 9:04 am
(6) mia says:

clothes can b a critique of yur life…clothes r verii inportant in mii life cuzz without clothes there will b alot of naked ppl walkin around nd we all know we dont wanna see that happen.

November 18, 2010 at 2:48 pm
(7) JJ says:

I wanted to know if I could patent a design for example if i were to make a socks attached to a jeans or a glove to attacted to a jacket could that be patent or copyrighted?

January 12, 2011 at 3:08 pm
(8) Michael says:

“or a glove to attacted to a jacket ”

Didn’t your mother do that to you when you were a child with a string of elastic connecting the gloves through the sleeves??????????

July 18, 2011 at 8:23 pm
(9) Terrin says:

This information if completely wrong. The Supreme Court has held you cannot copyright the design of clothing. That is why you see knock offs so quickly. The design is not protectable under copyright. Now the print of fabric is protectable, but not the overall design.

April 2, 2012 at 9:41 pm
(10) Los Angeles Patent Lawyer says:

We actually frequently obtain design patents for many clothing startups which covers the ornamental designs and shapes of clothes. In some cases we have actually obtained issues of a utility patent if there was some functionality. So although many attorneys are quick to say that there is not patent protection for clothing, a further and deeper look is required to determine if there is or is not. Here is a little more information on the topic:

May 8, 2012 at 1:25 pm
(11) izzy says:

I have a men’s accessory that’s Never been designed before. While the design anyone can do there is a particular function of it that may fall in line to recieve a utility patent or whatever…who can I talk to? Are there reputable fashion patent lawyers in LA? I’m in Houston, my words won’t go far here as far as this is concerned.

June 14, 2012 at 2:19 pm
(12) TC says:

hi. I’ve been following this discussion thread about whether clothing can be patented or not.

What about the ‘Snuggie’. It is the fleece blanket with sleeves. Would something like that qualify for a patent?

Anyone have any information / thoughts / comments?

November 12, 2012 at 5:03 pm
(13) Carloid Haughton says:

Hi Im a new fashion designer and i design and make clothes.I have just printed my lables what is the next step for me to be fully protected before i display my clothing in stores
????????

June 19, 2013 at 1:19 pm
(14) jim lund dental clinic says:

I think everything posted made a lot of sense. However,
what about this? suppose you added a little information?

I ain’t saying your information isn’t good.

, however suppose you added a title to maybe get folk’s attention? I mean Can You Patent Clothing? is a little plain. You should peek at Yahoo’s home page and
watch how they create post headlines to
get viewers interested. You might add a related video or a related picture or two
to grab readers excited about everything’ve written. Just my opinion, it might bring your posts a little livelier.

August 16, 2013 at 5:07 pm
(15) tekstil bursa says:

thank you, this site perfect, tekstil.

November 23, 2013 at 4:20 pm
(16) Mascha says:

Yes, you can get a patent on your fashion garment, as long as it is innovative. check this Hybrid Design (so called Unipant, Oblik Skirt) http://www.prnewswire.com/news-releases/debut-of-unipant–fashion-innovation-120720449.html

March 15, 2014 at 8:57 am
(17) lyn says:

I make baby dresses and have people asking for designer brands making all the time where do i stand in this copy rights argument

March 19, 2014 at 8:32 am
(18) Skya says:

I have a cool idea that is a twist off a skirt. Could that be patented?

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