Quick Answer: Can You Patent A Phrase On A T Shirt?

Can a phrase be patented?

The short answer is no, you cannot patent a phrase.

Patent law does not offer protection to an inventor of a phrase.

However, you can protect your phase under trademark law by trademarking it with the USPTO (United States Patent and Trademark Office)..

Avoid using logos, trademarks, and names of companies. iv. Do not use any photo, artwork, or caricature of a celebrity. Taking a celebrity’s picture and using that on a t-shirt by drawing it in your own way should be avoided.

Can you register a tagline?

Taglines such as “Think Green” or “Proudly Made in the USA” have been denied protection by the USPTO for being merely informational. … Accordingly, so long as a tagline or slogan is either inherently distinctive or has developed secondary meaning, a tagline is protectable as a trademark.

Is it illegal to put a logo on a shirt?

Trademarks or copyright can protect logos, and both forms of intellectual property protection restrict how others may use the logo. … Selling shirts with copyrighted images isn’t impossible, but you should never use someone else’s logos on your T-shirts or other clothing without their explicit permission.

Can I put a picture of a celebrity on a shirt and sell it?

Some celebrities fiercely protect the use of their image because they know it has significant monetary value. It’s generally not permissible to print celebrity images on merchandise without authorization to do so. Short answer: No.

Can you trademark a phrase on a T shirt?

Because a slogan or design silk-screened onto a T-shirt is not a trademark. … A trademark is any word, phrase, design or device that identifies the source of the goods identified by the mark. Don’t even attempt to register the trademark for a slogan or design that simply appears across the chest or back of tee-shirt.

How do you patent a phrase for free?

How to Trademark a PhraseStep 1: Conduct a Trademark Phrase Search. … Step 2: Fill Out the Trademark Phrase Application. … Step 3: Submit the Application and Pay the Trademark Application Fee. … Step 4: Respond Promptly to Office Actions or Other USPTO Correspondence. … Step 5: Wait for Your Trademark Registration to be Approved.More items…•

How much does a tagline cost?

Registering a slogan costs $500 to $2,000. The cost depends on how many amendments you have to make.

How much does it cost to trademark a tagline?

Trademarking a slogan comes with the same fees as other trademarks. The cost will range from $225 to $400 dependent on the TEAS form you use. The price is inversely related to strictness of the requirements you must meet. You’ll see the lowest fees with the TEAS Plus application which is $225 per class.

Can you trademark a phrase or slogan?

Yes, but only in the immediate geographical location under which your phrase is being used in commerce and ONLY as long as you are the first actor and the phrase/slogan is not already in use and/or registered in the USPTO.

Can you trademark a phrase already in use?

A registered trademark offers legal protection to unique logos and designs affixed to a tangible object. For this reason, you can’t file to register a trademark that someone else is already using if they used the trademark first.

Names, titles, short phrases, slogans and sayings cannot be protected with the United States Copyright Office. … However, as long as the saying is not generic, it may be protected with the United States Patent and Trademark Office.

How much does it cost to patent a phrase?

If you have ever asked yourself how much does it cost to trademark a phrase, according to the current fee schedule on the USPTO, trademark registration fees cost $275 per mark per class. If you need an attorney’s assistance, the cost averages around $1,000 to $2,000.

How do I know if a phrase is trademarked?

To search the USPTO’s trademark database, go to TESS and choose a search option. If you are searching for a name, you can use the trademark name search. If you are searching a design mark, such as a logo, you will first need to look up your design code using the USPTO’s Design Search Code Manual.

You can not register a trademark for free. However, you can establish something known as a “common law trademark” for free, simply by opening for business. The benefit of relying on common law trademark rights is that it’s free, and you don’t need to do any specific work filling out forms, etc.

Can you coin a phrase?

Copyright or Trademark Even if you coin the phrase yourself, the law simply doesn’t consider phrases distinctive enough. Trademarks, however, can include phrases and slogans. … You can coin a phrase for, say, an organic grocery, but someone in home repair might be able to use it too.

Can I sell T shirts without a license?

Generally, you will only need a retail business license when selling clothing as there is not a specialized business license to sell trademarked goods. … Your business must then collect the sales tax when you resell the clothing. Check with your local county’s finance or revenue department for more specific information.