Everything you Need to Know about Trademarking your T-Shirt Designs
Get all the insider info on how to protect your t-shirts with trademarking.
If you’re creating custom T-shirts for a brand, business, or clothing line, protecting your designs matters just as much as perfecting the fit, fabric, and print quality. From logos and slogans to original graphics, understanding how trademarking works can help you avoid legal headaches and confidently grow your apparel brand.
This guide breaks down how to trademark a T-shirt design, how trademarks differ from copyrights and patents, and how to avoid copyright infringement with T-shirts—all in plain English. While this isn’t legal advice, it’ll give you a strong foundation before taking next steps.
Understanding Intellectual Property for T-Shirts
Before diving into the trademark process, it’s important to understand the types of intellectual property that apply to apparel. T-shirt designs often involve more than one form of protection, depending on how they’re used.
Trademark vs. Copyright vs. Patent for T-Shirts
One of the most common questions we hear is about copyright vs trademark for T-shirt designs. Here’s a quick breakdown:
Trademark: Protects brand identifiers like logos, slogans, names, and symbols that distinguish your apparel from others.
Copyright: Protects original artistic works, such as illustrations or artwork printed on a shirt.
Patent: Protects inventions or functional innovations—not usually relevant for standard T-shirt designs.
Most apparel brands rely on trademarks and copyrights, not patents. If you’re wondering how to patent a phrase for a T-shirt, the short answer is: you typically can’t. Phrases and slogans are usually protected through trademarks, not patents.
What Can Be Trademarked for Apparel?
Not everything printed on a shirt qualifies. To trademark a T-shirt design, it must function as a brand identifier.
Common examples of what can be trademarked include:
Brand logos
Distinctive slogans or phrases
Unique symbols associated with your apparel line
Repeating design elements that identify your brand
Generic phrases, decorative artwork, or common expressions usually don’t meet trademark eligibility for T-shirts. Distinctiveness is key.
How Do You Trademark a Design?
If you’ve been asking yourself how do you trademark a design, here’s a simplified overview of what the process typically looks like in the U.S.
Step-by-Step Trademark Registration Process
Confirm trademark eligibility
Make sure your design actually functions as a trademark and isn’t purely decorative.
Conduct a trademark search
A proper trademark search for a T-shirt design helps avoid conflicts and increases approval chances.
File an application with the USPTO
This is where the USPTO trademark process officially begins.
Submit a trademark specimen of use
This shows how your design appears on an actual product, like a printed or embroidered T-shirt.
Respond to USPTO reviews
The review process may include questions or office actions.
Receive federal trademark registration
If approved, your trademark is protected nationwide.
The full process typically takes 8–12 months, sometimes longer.
How to Conduct a Trademark Search
Before you trademark a T-shirt design, searching existing registrations is critical. The USPTO’s TESS database allows you to search for:
Identical logos or phrases
Similar marks that could cause confusion
Related apparel trademarks
This step helps assess likelihood of confusion, which is one of the most common reasons applications get rejected.
How to Trademark a Slogan or Phrase for Your T-Shirt
Many brands ask how to trademark a slogan or how to trademark a slogan for a T-shirt specifically. The rules are similar to logos, but slogans must clearly identify your brand—not just decorate the shirt.
Choosing a Distinctive Slogan
A strong slogan should be:
Unique and original
Clearly tied to your brand
Used consistently across products and marketing
If you’re wondering how to patent a phrase on a T-shirt, remember: phrases are trademarked, not patented.
Filing a Slogan Trademark
When you trademark a slogan for a T-shirt, you’ll:
File under apparel-related trademark classes
Provide examples of the slogan used on products
Demonstrate that it’s more than decorative text
Using the slogan consistently on labels, packaging, or branded placements strengthens your application.
How to Avoid Copyright Infringement with T-Shirts
One of the fastest ways to run into trouble is accidental copyright infringement with T-shirts. Even well-intentioned designs can cross legal lines.
Common Pitfalls and Mistakes to Avoid
To avoid copyright infringement with T-shirts, steer clear of:
Using copyrighted artwork without permission
Reproducing logos or characters you don’t own
Copying designs found online or on social media
Assuming “small changes” make a design original
When in doubt, create from scratch or work with original artwork you fully own.
Copyright vs. Trademark in T-Shirt Designs
It’s common for a single shirt to involve both:
Copyright protection for the artwork
Trademark protection for logos or slogans identifying the brand
Understanding how these work together helps protect your designs and your business.
International Trademark Considerations for T-Shirts
If you plan to sell globally, you may need international trademark protection for T-shirts. A U.S. trademark doesn’t automatically protect your brand in other countries, so international registration may be worth exploring.
When to Consider a Trademark Attorney for T-Shirts
While it’s possible to file on your own, many brands choose to work with a trademark attorney for T-shirts, especially if:
Your design is complex
You plan to scale quickly
There’s potential for confusion with existing trademarks
An attorney can help navigate eligibility, filing strategy, and enforcement.
Shirt Design Trademarking FAQs
