# How to check a t-shirt slogan for trademarks

URL: https://madeupmerch.jackmccarthy020.workers.dev/learn/check-a-t-shirt-slogan-for-trademarks/
Updated: 2026-10-24

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

**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](https://tmsearch.uspto.gov/). 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](https://madeupmerch.jackmccarthy020.workers.dev/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](https://tmsearch.uspto.gov/)
2. [USPTO: Ornamental refusal and how to overcome it](https://www.uspto.gov/trademarks/laws/ornamental-refusal-and-how-overcome-refusal-0)
3. [USPTO: Failure to function refusals (December 2024 slides)](https://www.uspto.gov/sites/default/files/documents/tm-failure-to-function-122024-slides.pdf)
4. [USPTO: Search our trademark database](https://www.uspto.gov/trademarks/search)

## Or just make one

- [Shirt Says](https://madeupmerch.jackmccarthy020.workers.dev/says/): Type what it says. Pick how it looks.
- [Overheard](https://madeupmerch.jackmccarthy020.workers.dev/overheard/): Something your people actually said, on a shirt, with the receipt.
- [Fake Local](https://madeupmerch.jackmccarthy020.workers.dev/local/): Merch from a local business that doesn't exist.