Many new entrepreneurs make their first mark in the clothing industry—often with a clever name or catchy slogan they want to plaster on t-shirts, hats, or hoodies. Naturally, they want to protect that brand with a trademark.

But here’s where it gets tricky: just because your phrase is on a shirt doesn’t automatically mean it qualifies for trademark protection. The key distinction lies in whether it’s used ornamentally or as a trademark.

Let’s break that down.

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What Is Ornamental Use?

Think of ornamental use as decoration. A phrase or design used ornamentally is part of the look of the shirt—it’s not functioning as a brand name.

For example:  

If you print “GOOD VIBES ONLY” in big letters across the front of a t-shirt, you’re likely using that phrase ornamentally. People might buy the shirt because they like what it says, but they’re not seeing that phrase as the source of the shirt itself. It doesn’t tell them who made it or what brand it belongs to.

And here’s something most people don’t realize:  

You generally can’t stop others from using the same clever phrase ornamentally.

That’s right—trademark law doesn’t give you exclusive rights to a phrase just because you were the first one to put it on a t-shirt. In fact, others can use that same phrase ornamentally unless it’s already a registered and famous trademark (like Nike’s “JUST DO IT”).

So unless your slogan has achieved widespread recognition and is understood as a brand name, it’s fair game for ornamental use by others.

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Ornamental Use Beyond Clothing

While this post focuses on clothing, ornamental use isn’t limited to t-shirts.

You’ve probably seen:

– Coffee mugs with funny sayings  

– Wooden signs that say “Home Sweet Home”  

– Tote bags with motivational quotes  

All of these are examples of ornamental use on products—not trademark use. The phrase may be prominent, but it’s not functioning as a brand.

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Why It Matters for Trademark Registration

If you apply for a trademark with a specimen (proof of use) that shows only ornamental use—like a slogan on the front of a t-shirt—your application will likely be rejected by the USPTO.

In some cases, you may be allowed to register your mark on the Supplemental Register, but that doesn’t offer the same level of protection as the Principal Register—which is where you want to be for real trademark rights.

So how do you fix that?

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How to Show Proper Trademark Use on Clothing

The easiest way to avoid an ornamental use refusal?  

Change the placement of your mark.

Trademark use usually shows up in places where consumers expect to see a brand name:

– Inside the collar of a shirt  

– On a sewn-in tag  

– On a hang tag or sticker  

– Printed on packaging  

When you submit your trademark application, your specimen should show the mark in one of these positions. That way, the Trademark Office will recognize it as identifying the source of the clothing—not just as decoration.

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Final Thoughts

Even if you get a trademark registration, it’s important to remember:  

You likely won’t be able to stop others from using your name or slogan ornamentally—at least not right away.

Famous marks like “JUST DO IT” didn’t start that way. They became trademarks through consistent branding, strategic use, and public recognition over time.

So if you’re serious about building a protectable clothing brand, make sure your mark is used in a way that functions as a trademark—not just as a stylish phrase.

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Need help getting your clothing brand trademarked the right way?

Working with an experienced trademark attorney can save you time, money, and headaches. We at Mindful Counsel would be happy to walk you through it.

Have more questions? Reach out about how we can help protect your business and legacy.