Wilson Whitaker Rynell

Experienced Lawyers

info@wwrlegal.com

a blue and orange check mark with the letter w on it as the Wilson Whitaker Rynell Logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
a blue and orange check mark with the letter w on it as the Wilson Whitaker Rynell Logo

Does Your Clothing Line Need a Patent?

John Wilson • Feb 28, 2023

Dallas Fashion & Design Patent Attorney 

Fashion designers face challenges in a rapidly changing world, full of rapidly changing styles, and fraught with a propensity for competitors to copy relevant and hot designs in your vibrant portfolio. Startup fashion houses protect their brands through copyrights, trademarks and, when appropriate, patents.


Typically, obtaining copyrights or trademarks for clothing designs is easier than getting any patent. Our patent attorneys will guide you seamlessly through the process to protect your fashion ideas.  Importantly, your profits, reputation, and attraction toward investors can also benefit from filing a patent.  The ability to license you patent to third parties and also prevent anyone from duplicating and selling your concepts without your explicit permission is an asset.  Patents for clothing and other unique designs in the fashion industry are about protecting your original ideas.


The U.S. Patent and Trademark Office (USPTO) handles all patent and trademark applications.

  • What is a Design Patent?

    A design patent protects a product's ornamental appearance--in other words, the look of a product. This may include the shape and configuration of the product as well as any surface decoration. 

  • What is a Utility Patent?

    A utility patent protects a product's the functional operative aspects of an invention--in other words, how the product works. 

  • What is Required to File a Clothing Utility Patent?

    If you want to protect your clothing using a utility patent, you will have to meet the following requirements:


    • The item of clothing must be new and unique;
    • It must have some functional aspect other than just the design of the article of clothing; and
    • The same or similar idea must have not been previously patented.

  • What is Required to File a Clothing Design Patent?

    If you want to protect your clothing using a design patent, you will have to meet the following requirements:


    • The item of clothing must be new and unique;
    • It must not affect the function of the article of clothing; and
    • It must be inseparable from the article to which it is attached.

     

     

    The same or similar design must have not been previously patented

Clothing Design Patent

Does Your Clothing Line Need a Patent? 

Patents in the fashion industry are usually artistic or functionally different inventions. If you think your idea is worthy of a patent, call our attorneys for a free consultation. From there, our first step would be determining whether your invention qualifies for a patent. Next, we would research to assess whether  your vision is or is not already patented. Finally, we will submit a patent application on your behalf. During this process, it is imperative that you keep detailed records and documentation regarding your idea.


Many unique ideas make it to the market before being protected by patents, trademarks, or copyrights. You can monopolize a specific fashion industry sector by working one step ahead by using a patent. Although you will probably not be able to patent your entire clothing line, certain clothing pieces with particular designs or novelty can and should be protected.   You have exclusive rights to produce your creation provided you successfully secure a patent, and you don’t let your patent expire.

Can I Patent a Clothing Brand? 

The clothing brand cannot be patented, but it can be trademarked. This means that your brand name and logo may be protected as a common law trademark or as a registered trademark once file and formally approved by a trademark office.  Our trademark lawyers can assist you in trademarking your brand.

One Design Per Patent

You cannot file multiple designs or functional fashions in one patent.  Instead, the Patent Office allows you to file variants of your invention as separate additional patents thereby aiding in protecting your fashion line. Patents in the fashion industry are usually artistic or functionally different inventions. In the fashion industry, fast fashion can be one of your greatest issues with copycats.  Typically, obtaining copyrights or trademarks for clothing designs is easier than getting any patent. Our patent attorneys will guide you seamlessly through the process to protect your fashion ideas.  The U.S. Patent and Trademark Office (USPTO) handles all patent and trademark requests.

  • Why Do I Need a Patent for My Clothing Design?

    A unique fashion article that has secured a design patent gives the patent holder the right to exlude others from imitating it and one can sell or license such patent to a clothing company. 

A man is signing a contract with a pen.
By Chelsea Lankford 16 May, 2024
Dallas, Texas Contracts Lawyer 
The tm logo is in a blue circle on a white background.
By John Wilson 14 May, 2024
Types of Trade Marks
A man and a woman are sitting on a couch with their arms crossed.
By Kayla Holderman 10 May, 2024
Dallas Family Law & Divorce Attorneys Deciding to divorce is a challenging and significant life choice. Once you've made that decision, there are many paths to consider, and Wilson Whitaker Rynell is here to help you navigate the best way forward. What distinguishes us from other Dallas family law firms is our exceptionally skilled team of family law practitioners and our commitment to delivering outstanding client-centered service. Whether through mediation or litigation, our family law attorneys in Dallas bring a depth and breadth of knowledge gained through years of successful practice. We also have board certified divorce lawyers so you can count on the highest standards of integrity, expertise, and legal proficiency from the divorce lawyers at Wilson Whitaker Rynell. Whether you're in Dallas, Plano, Frisco, Allen or any other Dallas neighborhood, you can trust our local family law firm to provide you with the support and guidance of a highly experienced team of family lawyers. Family Law Practice Areas Our dedicated team is focused on providing personalized and effective legal solutions tailored to each client's unique circumstances. We understand that family law matters can be emotionally challenging, and we strive to offer compassionate support while staunchly defending our clients' rights and best interests. With Wilson Whitaker Rynell, you can trust that you'll receive top-tier legal representation from a team that genuinely prioritizes your well-being. We specialize in a wide range of family law and divorce matters, ensuring comprehensive legal support for our clients. Our experience includes, but is not limited to, the following areas:
A man in a pink sweater is wearing a virtual reality headset.
By John Wilson 09 May, 2024
Understanding the Requirements for Patent Utility, Novelty, and Non-obviousness
A woman is sitting at a desk using a laptop computer.
By Chelsea Lankford 08 May, 2024
Interview of a Child in Chambers by a Texas Court Divorces can be messy; even more so when children are involved. One pivotal question that is often asked is who will receive primary custody. The prospect of children speaking to a judge during a divorce case to help determine custody can be a controversial topic. On one hand, it aims to understand and prioritize the child's preferences and best interests. On the other hand, exposing children to legal proceedings can be emotionally taxing and stressful . When Can the Judge Talk to Children? During a nonjury trial or hearing, the court is required to privately interview any child 12 years or older, while interviewing a child under 12 is at the judge's discretion. This private interview helps convey the child's wishes regarding who should have primary custody. The judge can also conduct the interview independently or on the request of a party, amicus attorney, or attorney ad litem. While speaking to the child can help determine issues of possession, access, and parent-child relationships, it does not restrict the court’s authority to decide what’s best for them. However, in cases where a jury trial is underway, the judge is prohibited from privately interviewing the child on matters subject to a jury verdict such as which parent is granted conservatorship/primary custody. During the conversations, attorneys representing the parents, the amicus attorney, the guardian ad litem, or the child's attorney ad litem may be present. For children aged 12 and older, the court is required to record these interviews to ensure a thorough and accurate record is available as part of the overall case documentation. Inside the Judge's Playbook: What Gets Asked? The judge may ask open-ended questions about living arrangements, the child's relationship with each parent, and other aspects relevant to their well-being. Additionally, an interviewer’s nonverbal communication may not contribute to the making of a particular statement. James v. Texas DHS, 836 S.W.2d 236, 239-241, (Tex.App.—Texarkana 1992, no writ.). However, the child's testimony is just one piece of the puzzle, weighed alongside other factors such as parental behavior, home stability, and each parent's willingness to cultivate the child's relationship with the other parent. Importantly, if the judge during the interview has reasonable cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect by any person , the the judge is obligated to shall immediately make a report. Tex. Fam. Code §261.101(a).
A yellow background with the words `` open for business '' written on it.
By John Wilson 06 May, 2024
What is a Franchise Agreement? Businesses form franchise agreements when they want to share their business ideas and ventures with other entrepreneurs looking to be independent business operators themselves. The franchise agreement is a legal contract that establishes a franchisor-franchisee relationship to expand the franchisor's entrepreneurial ideas and values. The franchisor grants the franchisee the legal right to set up and operate a franchised business consistent with the terms of the franchise agreement. Under this agreement, the franchisee gains the license to use the franchisor’s trademarks, trade dress, business systems, operational manuals, and supply sources for offering and selling the franchisor's specified products and/or services. The franchise agreement is required to be legally included as an exhibit in the franchisor’s Franchise Disclosure Document, which must be presented to potential franchisees before any franchise offerings or sales are made. The federal trade commission publishes A Consumer's Guide to Buying a Franchise which is helpful for perspective purchasers' of franchises.
An elderly man in a suit and tie is giving two thumbs up.
By Kayla Holderman 25 Apr, 2024
New FTC Rule Bans Noncompete Agreements in Employment Contracts
An american flag is flying in front of a large building.
By Kayla Holderman 25 Apr, 2024
Beneficial Ownership Information (BOI) Form - New Filing Requirements for Legal Entities
A little girl is sitting on a rope swing.
By Chelsea Lankford 18 Apr, 2024
Parental Alienation | Texas Child Custody Attorneys
Show More
The Wilson Legal Group are Dallas attorneys that specializes in Patents, Trademarks, Copyrights, Trade Secrets, Complex Litigation, Business/Corporate Law, Family Law and Real Estate Law. At the Wilson Legal Group, our clients are our focus. Our philosophy is simple and straight-forward: Understand our clients' needs, hopes, and interests in order to help them flourish. Our staff strives to build strong relationships with our clients in order to appreciate their best interests and help them achieve their goals.

Request A Blog?

Have an idea for a blog?  Click and request a blog and we will let you know when we post it!

Share by: