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Author Topic: Can I patent a uniform?  (Read 908 times)

cmadsen18

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Can I patent a uniform?
« on: 08-26-09 at 09:00 pm »

Can I patent a uniform for a specific business use? In other words, can I create a patent that protects the image I am trying to present for a specific function in a specific industry? For example, can Waffle House patent the uniform they use so that that image cannot be replicated by another company in the restaurant industry?

Thanks!

Chris
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CriterionD

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Re: Can I patent a uniform?
« Reply #1 on: 08-26-09 at 11:52 pm »

Waffle House has trademark protection on their logo(s), if anybody else were to display a similar logo on a uniform to the point where a consumer would likely associate that anybody with Waffle House as a result - they can take action.

You can also file for a design patent.  Design patents protect the non-functional, outward appearance of a functional product (like a shirt, for example).  They provide trademark-esque protection but eventually expire.

Trademark protection pursuant to the entire uniform can potentially come into play, as well.  Trademark protection does not expire (as long as you continue to use a mark in commerce), but in instances can require time to develop.  Here is a past ruling on a relevant case which will provide more information regarding that possibility:

http://howappealing.law.com/HootersVsWingHouse.pdf



 



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