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(Message started by: A. Reuter on Mar 31st, 2004, 9:28am)

Title: Patent a clothing design?
Post by A. Reuter on Mar 31st, 2004, 9:28am
Hello.  I have come up with a new clothing design that I believe is unique, functional, and fashionable.  I have no real business or fashion experience and I am trying to figure out how to move forward with my idea.  I have created some prototypes (which look great!) and documented my ideas in a bound, page numbered book.  I've read that design patents on clothing are usually worthless because designers can make one small change and knock off your designs, however, I believe my idea is distinctive because it has a unique functional concept.  

I've read some good comments in this forum.  Any advice would be greatly appreciated!  

Title: Re: Patent a clothing design?
Post by JimIvey on Mar 31st, 2004, 10:28am
To the extent your designs are functional, novel and non-obvious, patents may be useful for you.  I once wrote an application for a suit for race-car drivers.  That was a long time ago.  The prior art cited by the examiner were all patents on various types of clothing, so such patents do exist.

For an overview of general IP types and uses, check out this subject in this forum:
http://www.intelproplaw.com/Forum/Forum.cgi?board=patent;action=display;num=1080697216

Regards.

Title: Re: Patent a clothing design?
Post by B. Halpern on Mar 31st, 2004, 11:38am
Just for clarification, you need to decide whether you want to seek a design patent or a utility patent on your clothing.  Keep in mind that design patents can not be sought for the functional aspects of the design, but only for the ornamental nature of the design.  You might want to pursue a utility patent in addition to the design patent if you seek protection on the useful and non-obvious structure and functional aspects of the clothing.

Title: Re: Patent a clothing design?
Post by M_Arthur_Auslander on Apr 1st, 2004, 6:01am
Dear A Reuter,

Fashion usually moves too fast for patents, even design patents to be of any value, may take to long to get.

I have patented innovative concepts involved with clothing.

Title: Re: Patent a clothing design?
Post by R. Meza on Sep 8th, 2004, 2:18am
Hello,
I have a question to a reply from M_Arthur_Auslander, to A Reuter.  I am curious on what you mean by "patent an innovative concept involved with clothing".  I have been working on an idea in clothing.  It's not necessarily a design.  If you're out there or anyone else can help me I would greatly appreciate it.

Title: Re: Patent a clothing design?
Post by su v on Feb 1st, 2005, 7:37pm
I want to design clothing and get a label lke the top designers do.  What is involved?  Where do I go?

Title: Re: Patent a clothing design?/manufacturing
Post by Gurpreet Sachdeva on Feb 21st, 2005, 12:03am
Hello,

I work with many new designers to manufacture their new product line...If you need to help manufacturing your new designs, feel free to email me at

gurpreet.sachdeva@fashiondesignhouse.net

Title: Re: Patent a clothing design?
Post by jesse albright on Aug 25th, 2005, 10:16pm

on 02/01/05 at 19:37:02, su v wrote:
I want to design clothing and get a label lke the top designers do. What is involved? Where do I go?


Title: Re: Patent a clothing design?
Post by Stephen Wisher on Jun 23rd, 2006, 11:50pm
Can the location of a logo on a garment be patented?

Title: Re: Patent a clothing design?
Post by JSonnabend on Jun 26th, 2006, 7:32am
Yes, if it's novel and non-obvious.

- Jeff

Title: Re: Patent a clothing design?
Post by Wali Parker on Oct 12th, 2006, 3:07pm
How is it that so many suits look alike? If you took a Vanetti suit same fabric and color and put it next to a Ralph Lauren the only difference is the price and the name on the label. To me this only means that you are paying for the name brand but there cant be any patent on the suit style itself.

Title: Re: Patent a clothing design?
Post by JimIvey on Oct 12th, 2006, 3:36pm

on 10/12/06 at 15:07:02, Wali Parker wrote:
How is it that so many suits look alike?


Let's look at some possibilities:

1.  The designer(s) chose similar looks.  

2.  Neither of the designs was sufficiently novel to warrant a patent.

3.  The designers of the respective designs simply chose not to pursue patent protection.

4.  One or both of the suits infringes a patent, design patent, and/or copyright but was made and sold anyway.

5.  Either or both were made under license of a patent holder.

Just finding two similar articles in the marketplace doesn't establish that neither was patented or that neither could be patented.

Regards.

Title: Re: Patent a clothing design?
Post by russell cole marcum on Dec 6th, 2006, 10:53pm
Hello,

  i was wanting to know how i could get a clothing brand patented like DC shoes, fox, and other brands.
the reason for this is because i was wanting to start and clothing line for the teenaged extreme sports junkies.

Title: Re: Patent a clothing design?
Post by JimIvey on Dec 11th, 2006, 11:17am
Brands are not patented.  They're trademarked.  

Regards.

Title: Re: Patent a clothing design?
Post by Bryant  Hunter on Dec 29th, 2006, 9:09pm
I have a clothing line, that I would like to patent, or get out in the market;  I need assistance with the process in starting.

Title: Re: Patent a clothing design?
Post by Robin Melzer on Nov 1st, 2007, 3:53pm
I am a boutique owner and will soon be working on a fashion design, making an item to be modeled at a show in JAnuary. Any suggestions along what I should do to protect my item and where to get my own clothing labels made?

Robin



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