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How to Protect and Trademark Your Clothing Brand

Patent Trademark Blog

Graphic designs on the front or back of a shirt, for example, will often be considered ornamental matter that would not qualify as trademark use. Keep in mind that design patents do not protect functional features which fall under the domain of utility patents. Patent agents cannot file trademark applications.

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Should you protect your product with a design patent?

Patent Trademark Blog

Just because a product has functional features does not mean it is automatically ineligible for design patent registration. The key is understanding what a design patent protects. While functional features may exist, you can still file a design patent application to focus on the ornamental features.