Can I Trademark Clothing Design?

No, you cannot trademark clothing design. Since clothing designs are the blueprints for physical goods, you can't trademark them.

This information was provided by our founding attorney, Xavier Morales, Esq. 

If you are considering starting a clothing line, you should trademark your brand name and logo. Trademarking your brand name, logo, and slogan will prevent any competitors from misappropriating the branding features of your clothing line.

If you wish to protect the particular look of a clothing line, you may wish to pursue a design patent. Design patents can be granted to protect the non-functional aspects of a particular garment, such as physical appearance. If the article of clothing performs a specific function (aside from being an article of clothing) then it is possible that you could apply for utility patent.

Please feel free to contact us if you have any other questions regarding trademarking the branding aspects of a clothing line. Our experienced, lead trademark attorney would be glad to answer any question that you might have.

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About the Author

Xavier Morales, Esq.

Mr. Morales founded his trademark law practice in January 2007 with the goal of providing intellectual property expertise to entrepreneurs and businesses around the country. Since then, he has filed more than 6,000 trademarks with the USPTO. You can learn more about Xavier here.

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