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how can get my product patent

geromegerome subscriber Posts: 1
edited August 2006 in Protecting Your Ideas
I have new age design for my t-shirts but i need to get it patent does anyone know how i can  come about doin that


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    john146john146 subscriber Posts: 0
    IANAL (I am not a lawyer) but I doubt that you could get a t shirt design
    patented. However you could copyright it.
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    waddali1waddali1 subscriber Posts: 0
     Yes go to the Patent and Trademark website and it will tell you what to do. You really need to get a Trademark and copy right  for that first. here is the website.  www.pto.gov</A>. It might be a little overwhelming if you need help I can work you through.  I work in that field and work in Washington DC.
    Good luck.
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    waddali1waddali1 subscriber Posts: 0
    O an by the way please do not let anyone see the design from here on in.  keep it on the lock-down. "sorry I can walk you through".
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    LordEmsworthLordEmsworth subscriber Posts: 0
    Sorry to say that the advice you have received is not quite correct.  You can probably copyright the new design you have created.  This is quite simple and cheap to do.  Do a search for US copyright office.  All the instructions are there and you can download the forms.  If you feel intimidated I can do it for you.  Our prices are quite cheap.
    If you are going to be selling your t-shirts under a brand name you need to register this as a trademark.  You can do this yourself on line at uspto.gov BUT the process is actually MUCH MORE COMPLICATED THAN IT LOOKS.  You should do a preliminary search and you must determine whether you actually quailfy for a US trademark or can only file in the State in which you do business.  There are lots of other considerations, decisions to make when creating the application.  And you may get an office action or opposed.  You would be MUCH better off hiring an expert, like myself, to conduct the procedure for you.  Our prices are quite reasonable.
    Please contact me if you would like my help.  You can e-mail me through SUN or my web site.
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    JamyeJamye subscriber Posts: 0
    It`s been awhile since my Copyright Law class and correct me if I am wrong, but if I remember correctly, one does not have to register to have a copyright.  Granted, registering your copyright would be the best way to protect your work, but my professor always said "Copyright Happens".  The minute you create something original in tangible form (at the time for me it was music) that piece of work is copyrighted by you (original being the key word).  The government forms are simply an official registration (for possible legal purposes) of that copyright that was created at the same moment the work was created.
    Now, in the case of two people and the same work, the registration with the copyright office simply helps to serve as a legal recording of the work by date and author. (If I remember correctly, you would have to register your copyright before taking someone to court over it anyway.)  It is a good practice to register copyrighted works, but remember "Copyright Happens".
    BTW: We used to mail notarized written copies of songs (on paper) and/or a recorded audio tape (before CD burners were affordable) to ourselves via registered mail.  We would file that away without breaking the seal as a record.  Between the notary and the USPS dated mark on the envelope and the fact that it was sealed, we figured, until us broke musicians could afford to pay for registering copyrights, that was due diligence enough to give us a fighting chance in court. ( It`s really not that expensive to register your copyright, but in college, I was just that broke.  )
    Not to take money from our lawyer friends out there, but maybe you could print out the design, sign it and have it notarized and file it away until you can register your copyright.  That at least officially establishes a date and author for the design.
    Best of luck!
    http://www.uspto.gov/</A>Jamye2006-9-1 1:25:13
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    patentandtrademarkpatentandtrademark subscriber Posts: 103
    getting a copyright on clothing can be tough because so many aspects of clothing are considered `functional.`  A design patent may be the way to go.
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