Trademarking T-Shirt Designs: Protecting Your Creative Property

If you want to trademark a T-shirt design, there are several steps you should take to ensure that your design is protected. Firstly, it is important to understand the difference between a trademark and a copyright. A trademark is a symbol, term, or name of a business, whereas a copyright protects original creative works such as paintings, books, and songs. To trademark your T-shirt design, you must ensure that your design is unique and cannot be easily replicated or confused with existing trademarked designs. You can then choose between a standard character drawing, typically used for basic word or letter designs, or a special form drawing, used for designs with generic descriptors or no words. The U.S. Patent and Trademark Office (USPTO) provides a manual with designated categories for trademark applications, and it is important to select the appropriate category for your T-shirt design. Additionally, you should search the USPTO's registered mark database to ensure that your design does not infringe on any existing trademarks. The next step is to file an application with the USPTO's Trademark Electronic Application System (TEAS) and pay the associated fees. The approval process can take up to a year or more, but your design will be protected during this pending period.

Ensure your design is unique and doesn't resemble any trademarked or copyrighted material

Ensuring that your T-shirt design is unique and doesn't resemble any trademarked or copyrighted material is crucial to avoid legal issues and to get your trademark approved. Here are some detailed tips to help you achieve that:

Firstly, understand the difference between copyrighted and trademarked material. Copyrights are typically used for artistic and literary works, while trademarks are used to distinguish companies' goods and services from those of other companies. Trademarks are used for slogans, mascots, company names, and branding, whereas copyrights are for artistic work and don't usually apply to names or simple typefaces.

To ensure your T-shirt design doesn't infringe on any copyrights, you should:

• Search your country's registered trademark database. In the US, the USPTO (United States Patent and Trademark Office) has a database that you can use to check for similar trademarks.
• Use the design code page to look up a special code that allows you to search for symbols in a specific category. This will help you find visually similar logos or designs.
• Perform a reverse Google image search. Upload your design, and Google will return results of similar images, which can help you identify potential issues.

To ensure your design doesn't infringe on any trademarks, remember that trademarks are about source identification. Ask yourself if your design identifies you or your company as the source of the goods. Make sure no one else has registered the mark, and check for unregistered versions as well, as you don't need a government trademark to obtain trademark rights.

Additionally, remember that your design doesn't have to be entirely original. You can draw inspiration from other works, but be sure to add your unique twist to it. The more complex and intricate your design is, the less likely it is to be confused with another. However, even simple geometric logos can be distinctive enough to be protected.

Finally, remember that trademarks are country-specific, so even if you trademark your design in one country, it might not be protected in another. If you operate in multiple countries, consider registering your trademark in each of them.

Understand the difference between copyright and trademark

When it comes to protecting your intellectual property, it's important to understand the difference between a copyright and a trademark. Both are important, but they serve different purposes and offer different protections. Here's an overview:

A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of goods or services from those of others. In other words, it acts as a unique identifier or brand for your business. For example, the name Coca-Cola is a trademarked brand name for soft drinks, and the swoosh symbol is a trademarked logo for Nike's athletic brand. Trademarks are registered with the U.S. Patent and Trademark Office (USPTO) and provide federal legal protection for your brand. This means that no one else can use your trademarked name, saying, or logo to sell goods or services without your permission. It is important to note that a trademark application must be accompanied by designated categories for the products the design will be involved in.

On the other hand, a copyright applies to artistic, literary, or intellectually created works, such as movies, photos, paintings, music, and books. Copyright protection automatically applies to original works of authorship that are fixed in a tangible medium. Copyright gives the creator the exclusive right to reproduce, distribute, and perform or display the created work, and prevents others from copying or exploiting the creation without permission. For example, song lyrics or a movie script would be protected by copyright. While registration is not required, it is possible to register a copyright for $15 through the U.S. Copyright Office, which provides additional benefits and strengthens your claim to the intellectual property.

While trademarks focus on protecting the business reputation and goodwill associated with a design, copyright protects the original expressions in those works. Trademarks are typically used to protect business names, slogans, or logos, while copyrights are used for creative works such as software code or graphics. Additionally, trademarks must be distinctive and unique to be approved, whereas copyright protection is automatic and immediate once an original work is created in a tangible form.

In some cases, there can be overlap between trademark and copyright law. For instance, a graphic illustration used as a logo may be protected under both copyright and trademark. However, it's important to understand the distinct purposes and protections offered by each when considering how to best protect your intellectual property.

Check for similar designs in the registered mark database

To trademark a T-shirt design, it is important to ensure that your design is unique and doesn't infringe on any existing trademarks. The U.S. Patent and Trademark Office (USPTO) provides a registered mark database that you can use to search for similar designs. This database contains all the trademarks currently in effect, allowing you to verify the uniqueness of your design before submitting your application.

To begin your search, visit the USPTO website and access the Trademark Electronic Search System (TESS). From there, navigate to the Basic Word Mark Search (New User) option. In the search bar, input the phrase, quote, or saying that you plan to include in your T-shirt design. The search results will display records containing the specific word group you entered.

When reviewing the search results, pay attention to the serial and registration numbers assigned to each mark. The serial number is given when you apply for a trademark, while the registration number indicates that the USPTO process has been completed. To ensure a mark is active, look for one with both serial and registration numbers.

Once you've found a relevant mark, examine the "Goods and Services" section to determine if it relates to T-shirts or similar products. If you don't find any marks associated with T-shirts or similar merchandise, you're likely in the clear. However, if you find a mark related to T-shirts that hasn't been approved yet, you can still upload your design with the same wording. Just be mindful that if the mark gets approved later, you'll need to remove your design to avoid trademark violations.

Additionally, consider seeking legal counsel or using specialised search engines like TMHunt, which is updated daily with official USPTO records in the clothing class (IC 025). They offer various search options, including Multi Search, Split Search, and Wildcard Search, to help you find exact or partial matches for your T-shirt design.

File an application with the U.S. Patent and Trademark Office (USPTO)

To trademark a T-shirt design, you must file an application with the U.S. Patent and Trademark Office (USPTO). The USPTO is the government agency responsible for granting U.S. patents and registering trademarks. The application process can be completed through the USPTO's Trademark Electronic Application System (TEAS), which offers a modern user interface, cloud-save applications, and sharing tools for practitioners.

There are two initial application forms available in the TEAS: TEAS Plus and TEAS Standard. The TEAS Plus option has more requirements upfront, including the selection of goods or services from the Trademark Identification (ID) Manual, the completion of the application by a U.S.-licensed attorney, and the provision of all required additional statements. The benefit of this option is a lower fee per class of goods/services. On the other hand, the TEAS Standard option has fewer upfront requirements, but all application requirements must eventually be met. This option provides more flexibility in the description of goods and services and allows for the designation of a U.S.-licensed attorney after the initial application. However, the fee per class of goods/services is higher.

It is important to note that the USPTO has specific requirements for trademark applications. Firstly, your T-shirt design must be unique and cannot be easily replicated or confused with any other trademarked design, whether finished or pending. The USPTO provides a registered mark database to search for similar designs before submitting your application. Additionally, the USPTO requires trademark applications to have a designated category for the product. Their manual contains all the applicable product categories, and it is essential to choose the appropriate category for your T-shirt design.

The USPTO application process also involves identity verification for trademark filers, ensuring the security and authenticity of the process. While the USPTO does not provide specific legal advice, they offer resources and tools to help entrepreneurs and businesses understand how to protect their intellectual property effectively.

Understand the review process and what may cause rejections

The review process for trademarking a T-shirt design can be complex, and there are several reasons why your application may be rejected. Understanding the potential pitfalls can help increase your chances of a successful trademark application.

Firstly, the U.S. Patent and Trademark Office (USPTO) designates T-shirt designs as "adornments" rather than source identifiers. This means that a slogan or design on the chest or back of a T-shirt is not sufficient for trademark approval. The design or slogan must identify the source or maker of the T-shirt. Therefore, it is important to create a trademark or brand that identifies you or your company as the source of the goods. This could be done through "hang tags," or small writing on the sleeve, neck, or bottom of the T-shirt.

Secondly, your design must be unique. A lack of uniqueness is a common reason for trademark rejection. Your design must bring a fresh identity and cannot be easily replicated or confused with any other trademarked design, whether finished or pending. It is crucial to conduct a comprehensive search to ensure your design does not closely resemble any existing registered trademarks. This includes checking for unregistered versions, as you do not need a government trademark registration to obtain trademark rights. A business using an unregistered trademark is said to have "common law" trademark rights.

Thirdly, the USPTO requires trademark applications to have a designated category for the product. It is important to carefully choose the correct category for your design, as "shirts" encompass various types, such as polos, V-necks, and tank tops, each with its own category.

Finally, when applying for trademark protection, you must provide information on how you intend to use your design post-approval. If you are in the conception stage and have not yet used the design commercially, you would file on the basis of "intent to use." If your design is already being used commercially, your basis for the application would be "use in commerce," which requires an online marketplace with the design completed and up for sale.

The approval process can take up to a year or more, but it is important to remember that even during the pending status, your design cannot be copied by other incoming applications.

Frequently asked questions