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Can you trademark a T-shirt design?

Senior Trademark Attorney

Not as a trademark, no. A T-shirt design is a creative work that would typically be protected by copyright rather than trademark law. Copyright arises automatically upon creation and protects the design against unauthorized copying or reproduction.

What can be trademarked in connection with clothing is the brand name, logo, or slogan that appears on the T-shirt and identifies the source of the goods. Class 25 covers clothing and is the relevant class for registering a trademark in the apparel industry. The trademark would protect the brand identity, not the specific design of any individual garment.

If the T-shirt design itself has distinctive commercial value that goes beyond a single garment, a registered design right may also be worth considering alongside copyright protection.

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