Q: do I need to trademark a saying to use on shirts? It doesn't come up in the trademark search so I assume it is available

A: Use of text or a phrase displayed on apparel does not function as a trademark, but is considered merely "decorative use" and is not registrable. A trademark should be an indicator of the source of goods or services, as a brand.

A: Here are a few key things to keep in mind regarding trademarking a saying for use on shirts:

- Just because a saying doesn't come up in a trademark search doesn't necessarily mean it's available. The USPTO trademark database only includes federal registrations and applications, not unregistered or common law trademarks. It's still possible someone could be using the saying and have trademark rights.

- If you want maximum protection and exclusive nationwide rights, you would want to federally register the saying or phrase as a trademark with the US Patent and Trademark Office. The process includes filing an application, having it reviewed, and ultimately receiving a registration.

- You can use a saying or phrase without registering it, but your protection is more limited if an issue ever came up. Someone else could potentially later register it federally themselves or claim common law rights if they had been using it first.

- Before using any saying or phrase commercially, it's wise to search beyond just the USPTO database to see if others may be using it already - including checking on Google, Amazon listings, Etsy, and social media.

- If you move forward with a saying or phrase without a registration, you may still be able to claim common law trademark rights depending on the distinctiveness of the phrase and evidence showing you've actively used it in commerce over time. But registered marks still provide greater certainty and nationwide rights.

So in summary - running it through the USPTO database is just an initial step. More searching and due diligence is wise before adopting any trademark for commercial use. And federal registration provides the strongest form of rights. Consulting a trademark attorney can also help clarify the best strategy for your specific slogan or phrase.