Can clothing design (shape/fit/look) be patented or protected by USPTO?

Posted by Michael Shimokaji | Sep 15, 2014 | 0 Comments

Question: Can clothing design (shape/fit/look) be patented or protected by USPTO?

I have developed a new kind of jeans and I from my amateur initial research it seems that there is nothing like this on the market. And of course in due time I will retain an Attorney given I need to do this ASAP.

Now, can clothing (shape/fit/look/colors) be patented? or ONLY if there is a unique invention that makes the clothing better can be patented?

If it can't be patented, what would I do if someone copies the way my clothing is designed?

 Answer: A new ornamental design of an item can be patented, though it may be difficult for clothing.

About the Author

Michael Shimokaji

Michael’s expertise includes the strategic development of patent and trademark portfolios. He identifies those patents and trademarks that are valuable to his clients by providing them with a competitive advantage. Then, Michael obtains patent and trademark registrations in the US and abroad.

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