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Design register your clothing

If your clothing has a unique look, "reserve" its shape "worldwide" by getting a Design Pending Number.

If you are applying a unique pattern / ornamentation to clothing, reserve your "look" by getting a Design Pending Number.

Since brand owners' primary interest is to discourage copying of their upcoming Summer / Winter season clothing range, a 6 month design pending period is perfectly suited for clothing lines.

Design Pending Numbers are available for:

  • clothing (class 2)
  • hats (class 2)
  • jewellery (class 11)
  • sunglasses (class 16)
  • bags (3)

Get a Design Pending Number in 5 steps:

  1. enter the applicant's name and address;
  2. enter the product type (e.g. jacket, T-shirt, dress, pants, scarf, hat, earrings, sunglasses, bag);
  3. enter the article class (e.g. class 2 for clothing and hats, class 11 for jewellery, class 16 for sunglasses and class 3 for bags);
  4. sign forms;
  5. upload drawings / photos of the product; and
  6. pay US$99.

You will receive a Design Pending Number within a couple of business days of payment … guaranteed.

Tip: If you do not intend to restrict your design to the specific combination of colours in your photos, upload black and white photos.

Rights and countries

After receiving your Design Pending Number, you may:

  • market and sell your clothing article worlwide;
  • mark your clothing article and marketing material “Design Pending”; and
  • file corresponding designs in up to 177 countries (including Europe, US, Australia, Canada, China, Japan, South Africa, Russia, India, Brazil and Mexico) during the next 6 months.

Should you ultimately obtain a registered design in, for example, the US, the registered design will prevent others from making, importing, advertising and selling articles of clothing that look "substantially similar" to the photos in your design registration.

Marking your clothing with a Design Pending Number should keep copycats at bay for at least 6 months, giving you a proper "worldwide" first‐to‐market head‐start, and time to identify your "best sellers".

Confidentiality

We will maintain the photos uploaded by you confidential and sign a confidentiality undertaking in this regard.

What next?

Should you wish to secure protection in specific countries, you will need to file a corresponding design application in each such country by the 6 month expiry date of your Design Pending Number. This period can be extended to 12 months for Europe, the US, Canada and Russia. However, by this time, you will likely have moved on to your next clothing range for the upcoming season. Considering the rate at which fashion changes, Design Pending Number generally provide sufficient deterrence on their own.

In the Paris Convention country in which we filed your Design Pending Number application, we can assist in prosecuting this application to grant and send you the design registration certificate.

Clothes Brand Design Pending Clothes Brand Trademark Pending Clothes Brand Design Pending Clothes Brand Trademark Pending
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