Learn · 3 min read · updated

How to check a t-shirt slogan for trademarks

The phrases that sell are the ones somebody already registered for shirts. A five minute search before you list saves a takedown later.

The short answer

Search the phrase in the USPTO's free Trademark Search, filter to live marks, and look for registrations or applications in class 25 (clothing). A live class 25 mark on the same or a very similar phrase means don't print it. No result isn't a guarantee, because unregistered marks and other countries exist, but it catches the common takedowns.

The five minute search

  • Open the USPTO's Trademark Search. It's free and needs no account. (It replaced the old TESS system in 2023, so older guides point at a dead tool.)
  • Type the phrase in quotes, then without them, then the key words alone. Marks are often registered in a slightly different form.
  • Filter to live marks. Dead ones (abandoned or cancelled) don't stop you, though a recent abandonment can mean someone is still using it.
  • Look at the goods. Class 25 is clothing, footwear and headwear. A live mark for the phrase in class 25 is the one that gets shirts pulled. Class 35 (retail store services) for the same phrase is a warning too.
  • Check the spelling variants and the plural. A takedown doesn't need an exact match, only one close enough to confuse a buyer.

The popular phrase problem

People register phrases for clothing because they sell, and AI tools suggest phrases because they're popular. That's the overlap to watch. When we built Shirt Says our first hero line, a gamer joke we thought was a common saying, turned out to have a trademark filing for shirts; we swapped it before launch.

Marketplaces act on complaints fast and rarely judge whether the mark would hold up. Even a weak registration can get a listing removed, and repeated takedowns can close a shop.

Why most slogans can't be anyone's

The USPTO refuses to register many slogans for shirts. A phrase printed big across the front is usually seen as decoration rather than a brand (an ornamental refusal), and everyday expressions fail as trademarks because buyers don't read them as coming from one company. That's why registering a joke for shirts is harder than it looks.

None of that makes a phrase safe to print. A registered mark, or someone's earlier unregistered use, can still collide with yours. Check first, then decide.

Beyond the USPTO

  • Brand names, sports teams and leagues are trademarks whether or not you find a slogan filing. Our sites refuse the big ones outright.
  • Song lyrics and film lines: a short catchphrase can't be copyrighted but is often a trademark, and a longer lyric can be copyrighted. Leave them out.
  • Other countries have their own registers. The EU's is at the EUIPO, the UK's at the UK IPO.

Questions people ask

Can I print a phrase that's trademarked in another class?

Often, but not always. A mark for, say, restaurant services doesn't normally cover shirts, but famous marks are protected across categories. If it's a household name, don't.

Does a disclaimer like not affiliated with protect me?

No. A disclaimer doesn't stop trademark infringement if buyers could still be confused, and marketplaces ignore it.

Should I trademark my own slogan?

Only if it works as a brand, for example printed on the label or small on the chest as your shop's name. A joke printed big on the front is usually refused as ornamental. A trademark lawyer can tell you if it's worth the filing fee.

Sources

  1. USPTO Trademark Search
  2. USPTO: Ornamental refusal and how to overcome it
  3. USPTO: Failure to function refusals (December 2024 slides)
  4. USPTO: Search our trademark database

Checked 2026-10-24. Policies and rules change; follow the source before you rely on a detail. This is general information, not legal advice.