Krista Leone Hiner Employment / Labor Attorney
Posted almost 14 years ago.
Unfortunately, without knowing more I cannot say for certain. It really depends. I do think you should meet with legal counsel to discuss this in further detail. They can discuss whether your trademark is available, whether and when the TM should be applied for, and guide you through the patent process. (And I understand some of the other answers indicate you probably do not have a patent-able idea for clothing. But I think you should still talk your invention through with an attorney. You very well may have a great idea for a clothing-related invention that qualifies for a patent -- the fact that no one else can think of what it could be actually supports the uniqueness of your invention.)
An in person meeting with a local IP attorney should be your next step.
Asker
Posted almost 14 years ago.
Thanks for such a great response, do you think that I should sell my clothing in the process of getting it trade marked and patened? Or should I sell the products after being cleared for a trademark or patened or should I be cleared for both first?