Patent on clothing design?

[130munch]

What is the name of your state (only U.S. law)? IL

I created unique children's clothing design 15 years ago. I sold my items on a very small scale at a local shop and did well, selling every item I made. When I returned to work full time I stopped, but now I'm considering staring up again and selling on line at sites like eBay or etsy.

I'm worried others will copy my idea......is it possible to patent a unique clothing design?

 

[FlyingRon]

There are two sorts of patents. Utility patents cover functional aspects that are novel and non-obvious. You can get a patent on clothing if it fits into the category. Perhaps the most known one of late is the Taggie line of baby blankets. The problem, if you have marketed these items already, then you've lost the 'novel' aspect of the invention and you can not get a utility patent.

The ornamental design of an item can be protected by a design patent. This is the opposite of utility. It can't cover functional only decorative aspects. Without more elaboration, I have no idea if your items could be covered by a design patent, but I'm suspecting it won't give you the protections you are looking for.

You can certainly acquire trademark rights on marks (words, logos) used in marketing your item.