What would be the easiest way to develop, design and copyright or trademark a clothing line?

Question

Have an idea for chef/kitchen clothing line, and possible material usage or the idea of a type of material. The designs are still on the drawing board, but they can be produced easily.

Answer 1

You've got a couple of different issues here; let's tackle them one at a time.

TRADEMARKS (for the name and/or logo of the line):
To protect a business name within your industry, you would apply for a trademark.

Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. Registering a trademark grants the owner exclusive rights to the mark within the specified industry.

Of course, it's necessary to research the mark comprehensively prior to filing to ensure that there is no possibility of infringing upon another party.

This entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark.

To register a trademark, that's done either through your Secretary of State for a State trademark or the US Patent & Trademark Office for a Federal trademark.

If you are only conducting business in one state, then a State trademark is most appropriate. If you conduct (OR are planning to conduct) business in at least 2 states OR between the US & any other country, you can file for a Federal trademark.

COPYRIGHTS (clothing designs):
Copyrights can be obtained for things of an artistic nature. This includes, of course, poetry, films, sculptures, music, fiction, etc. But can also include things that may not necessarily seem "artistic" in the general sense of the word. Copyrights can also be obtained for advertising copy, games, software programs and blueprints, to name just a few.

You can do this at the US Copyright Office – see the last 2 links in the source box. The application is fairly simple & the cost is $45 per application.

Despite what others state, a "poor man's" copyright is NOT the same as registering it. Here's what the US Copyright Office has to say:

"The practice of sending a copy of your own work to yourself is sometimes called a 'poor man’s copyright.' There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration."

Hope that helps! I wish you much success & happiness in all your ventures!

Answer 2

Actually you can't copyright a layout, best your company and trademark. That's why there are such a large amount of fakes and knockoffs and it isn't unlawful. Besides, imitation is the sincerest sort of flattery and that's how style works. Big title designers create powerful and provoking portions for the runway and top style magazines and different designers create their variation of it at a curb cost. You are not able to copyright a pencil skirt or pair of pants, however you probably have a symbol that you just desire your whole garments and your company to make use of then trademark that. Good good fortune!

Answer 3

what he said... then develop prototypes.

Do you want to make and sell them yourself? If so then hire an ad agency (such as www.5webdesign.com) to help you with packaging and branding... ask for help with getting in front of buyers, etc.

Always best to hire a pro to a product to market.

Answer 4

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If you have a unique design, that's considered an invention and should be patented.
Brands and names with logos are trademarked.

Go to the http://www.uspto.gov site for more info

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