INITIAL PATENT ATTORNEY DISCUSSIONS – CLOTHING LINE

You developed a new clothing line or a new idea for a clothing line.

Applicable intellectual property may include:

(1) Trademark protection for the name, logo, or graphic that identifies and distinguishes your line from others. You can and should use TM next to or in close proximity to your mark. TM simply means that you claim a common law right to the mark, which by virtue of your use you have a right to claim. As a reminder, use of ® is strictly prohibited until your application is completely approved and your mark is registered at the United States Trademark Office. In fact, improper use of ® is illegal and can be punishable by law. In addition, improper use can adversely affect trademark rights and registerability of a mark. Note the trademark must identify the clothing line such as Levi® or Nike® verse some short phrase, slogan and/or graphic printed on a garment or t-shirt for the purpose of making a statement. First step is to identify your mark, its goods or service description, and learn common mistakes in selecting a mark, see Trademark Information and Trademark Goods Services Description. Second step is to perform a trademark search, see Trademark Search Instructions on How to Perform a Search.

(2) Copyright. If you have a drawing or a pattern showing the design of your garment or a photograph of garment these can be the basis of a copyright application. As a reminder, please ensure to always include a copyright notice on all copies of your work (garment design), fixed on paper or in an electronic form, such as © 201_ Full Name/Company Name. ALL RIGHTS RESERVED. Note if multiple authors are contributing to a work (garment) and a single person or entity desires to own the collective work then the parties must transfer their rights to the single person or entity via an assignment/work-made-for-hire agreement otherwise each contributor is owed a ratable share of the profits realized from use of the work.

(3) Design Patent. If your garment design is a new and non-obvious article of manufacture it may qualify for protection under a design patent.