Raleigh, NC asked in Trademark and Copyright for North Carolina

Q: Need to protect something that is printed on a tshirt (graphic w/ text) using trademark or copywrite law. Can you help?

trademark and copyright knowledge needed

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1 Lawyer Answer
Jason Brooks
Jason Brooks
  • Trademarks Lawyer
  • los angeles, CA

A: If you're merely trying to protect the design on the shirt, then you'll want to register it for copyright with the US Copyright office. If however, the design is actually the name of your brand, then you'll want to register that brand name for trademark.

Note that word printed on the front of a t-shirt is not registrable for trademark because it is deemed by the US Patent and trademark Office to be "ornamental." BUT, if the name on the shirt is the brand name and can be found on the hangtag of the shirt, then it can in fact be registered as a trademark.

If you'd like assistance, feel free to email me at: jason@altviewlawgroup.com

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