Patent, trademark or copyright?

Sanaa T...

You are creating a new business and for that you need to be savvy about all aspects of your creation; which can be protected best and which needn't be worried about.

You can’t copyright your clothing designs themselves, but you can copyright certain of the design elements of your clothing. The distinction between the clothing itself and such design elements has to do with some basic principles of copyright law.

Here’s a simple example: a logo applied to an item of clothing can receive copyright protection as a work of visual art. Thus, if you are marketing t-shirts screen printed with your original artwork, you can copyright the artwork, but not the design of the t-shirt itself. That is true even if the t-shirt is your unique, original design. You can also obtain copyright protection for a fabric design if it meets the requirement of originality. Copyright can extend to other “separable aesthetic and non-utilitarian aspects” of clothing or fabric. For example, copyright protection has been given to an ornate belt buckle design.

However if you are planning to use the specific logo for your business or your product, I suggest you trademark the logo as well.

A completed Form VA - http://www.copyright.gov/forms/formvai.pdf, payment of the filing fee (currently $45) and “identifying material” must be submitted to the U.S. Copyright Office for review.

Also, remember that the name you choose for your business identity may be separate from the names / logos of the clothing line you market hence you may also trademark your business identity.

If you have been able to create something new, non-obvious and utilitarian in nature you may apply for a utility patent or if you wish to own the designs of the products you market it is recommended you go in for a design patent.