Trademarked Phrases You Can't Use For Print On Demand Apparel

[@Drathaar01]

"Let's roll" were the final words of a guy (Todd Beamer) talking to his parents, I think it was his parents. Flight 93 on 9-11. He ended the call and together with others, rushed the cockpit to try and get control of the plane back. Instead, the terries crashed the plane. Trademarking that by anyone but his parents was a douche bag move.

[@United_A_Podcast_for_Change]

Lisa Jefferson, GTE airphone supervisor is who he said that to. (He didn't get to speak to any of his family members: “Beamer asked if he could be connected with his wife, or if that was not possible, if a message could be passed to his wife telling her that he loved her.”)

[@Drathaar01]

@@United_A_Podcast_for_Change Yeah, it's kind of sad so many people don't remember. He did get a High School in Federal Way, WA named after him though.

[@theshabbyrose]

It's also used by Transformers, even way back in the 80s.

[@susanravella6261]

Nice parents making a buck off the tragedy.

[@Drathaar01]

@@susanravella6261 Don't be jealous.

[@EricHatheway]

Valuable information Drew! And don’t forget Service Marks which also share the same legal protection as Trade Marks. The two very often resemble each other in that they are phrases but generally speaking, a Trade Mark (TM) represents a product produced by a business whereas a Service Mark (SM) represents a service offered by a business. Famous examples of a Service Mark are, “Just Do It” and “Fly The Friendly Skies.”

[@Kittldesign]

Great points, Eric!

[@shadeau6]

Thumbs up ..because you're worth it👍

[@Kittldesign]

Thank you so much 😀

[@juliegayson7947]

Another great video to help. Thank you. I don't think kittl will ever fall short to amaze me. Thanks again

[@Kittldesign]

Cheers!

[@merrimcarthur7198]

This has been exceedingly helpful. Thank you!

[@Kittldesign]

You're very welcome!

[@denicase9444]

Why don’t these companies and individuals that trademark common words and phrases just trademark the whole of the English language and be done with it?! 😡

[@TheRaintree46]

its insane what weve allowed

[@Kittldesign]

Yes, it is quite frustrating.

[@janetwilliams157]

Don’t give them any ideas! LOL

[@MysticMary-g9s]

I sell on Amazon and Etsy fulltime. I also belong to Trademark Watchdogs. They have done incredible work in this arena. I have been testing a concept, and so far it has worked for me. Amazon would instantly reject anything that had one word in the listing that had a TM and not look at context. Lately I have experimented with leaving the single words and have not had rejections. So it appears they are looking at the context lately. I have also notice an inordinate amount of trademarks that are pending. I think this is due to the recent changes. People would trademark words just so they could go after others. and sue. It doesn't work anymore. They have to prove that the way the words are being used can clearly make the public think they are part of their brand. Recently I had two rejections where I had polititcal shirts rejected. I sent them a snippet from Merch Informer explaining that politicians are fair game. They reversed the rejects and allowed me to list again. Things are changing, slowly but surely.

[@sroy9789]

They are robbing the language and the Government allows it. Pathetic!

[@robins9760]

I was shocked (and found out the hard way) that I could not use the word ONESIE. Gerber owns it. (and more) As well as XOXO for Valentine merch. It's crazy how many simple words are Trademarked.

[@Kittldesign]

Yes, it can certainly be frustrating.

[@disfrutadelonaturalconshirlysa]

Wow, you look different from the advertisement 😊 I have to try this, really, and with your help, Im sure I will start my own business. Thank you so much ❤❤❤

[@Kittldesign]

We hope you love using Kittl!

[@RebeccaBellaPugsMomOfficial]

I am creating a coloring book. Love your videos! They have helped me a ton and this specific video was literally the research I was doing today! To see you made a video about trademarks and your detailed information is golden! I am wanting to title the book “who rescued who” it’s got color pages of my Bella bug the pug I created from real photos of our 14 years together. There is 1 live trademark for the phrase “but” it’s for a truck stop that sells magnets, shirt etc. To use it on my coloring book cover should be fine I believe. I read the list of items they have it trademarked for and non of which were even close to books or books with art. All apparel. What would you suggest?

[@Kittldesign]

It sounds like you did the research and should be good! It can definitely depend on use-case, so making your you checked the live trademarks in your category is the best process, and it sounds like you did so! KDP might also alert you if there are any issues, however we're not completely certain of that. 😉

[@RandomButBeautiful]

5:04 possibly disputing this: I once had a convo with a trademark lawyer and he said that you cannot wrap / contain a TM phrase inside of a bigger phrase. This might only apply to the creation of new trademarks, not sure. Caution advised.

[@Kittldesign]

Definitely proceed with Caution and run the newly generated phrase into a trademark tool to check. We would suggest avoiding the main structure of the phrase altogether, but in some instances, it's different enough that it could work.

[@ems246]

Thank for this video! What a great reminder. Q: when does the TM end on a word? Meaning can it be used at all in a phrase (for shirts/sweatshirts)? Ie: stay cozy. Would say “stay cozy tonight” or “forever stay cozy” be ok?

[@linnson]

i wanna know that too

[@Kittldesign]

Hey there! We're not sure what you are asking, but if you are asking when you have to put TM at the end of something, it would commonly be a logo type or logo mark, or other times, certain brands will require that even typing out the name brand requires a trademark symbol at the end. This would not be the case for apparel with simple phrases though. (Again, type in those phrases in the USPTO search bar and see if anything comes up. If not, you're clear!)

[@linnson]

@@Kittldesign no thats not the question. The question is "stay cozy" is TM but it is okej to use is in a sentenced or add a word like "stay cozy Tonight" or "stay cozy and drink coffee"

[@janetwilliams157]

Following

[@nicolemccarty8776]

If I’m not mistaken … you still must check for the TM despite adding on to a TM phrase , however , if you add on another word “ Stay Cozy tonight “,it should be okay ! Always look up the TM for everything !

[@Jen.E]

"Let's Roll" from what I remember, came from Todd Beamer who was a passenger on one of the planes hijacked by ISIS terrorists on 9/11. He was talking to a disbatcher on the phone and he and some other men and crew were about to take out the terrorists. The last thing they heard him say was Let's Roll.

[@Kittldesign]

Yes, there are a few articles on this.

[@juliegayson7947]

Hi Drew, thank you for all you greT information and thanks to the q&a ones as well. Can i ask? If i bought a downloaded quote from etsy, would theae be checked already. Can i then change that quote to look different adding pictures or change fonts etc. Thanks

[@Kittldesign]

Thanks for watching! Generally what you are describing should be okay. But always check in the database to see if the phrase might have any limitations.

[@NiaLaLa_V]

I'm so confused. With 420 coming I did a search on smoke weed trademarks, and the lyric "smoke weed everyday" has like 5 different people holding active trademarks on it that appear to all go on the same items. How did they do that?

[@Kittldesign]

We can't say for sure in this specific case, but trademarks can actually be shared if they do not cause confusion between style and product type.

[@phylliskhare]

I had this happen to me over on Amazon - I had the phrase "In this Moment" - turns out that one has a copyright on it and Amazon let me know the second I listed it. So I changed it to "In this VERY Moment" lol - made me so mad as I had come up with a really nice little four line saying for a t-shirt and had to completely re-do it. Funnily, Canva didn't flag it so I do have one t-shirt ordered directly from their site with the offending phrase. :-)

[@Kittldesign]

That's certainly frustrating!

[@mrandmrscupid]

There are many companies with the same phrase tardemarked, if it possible to use the same phrase several times, then how would they come after people using it?

[@Kittldesign]

There are different trademark licenses for various use-cases, from physical products, to apparel, to advertising, and more, so you will need to look into the specific use-case to see if there is a trademark on what you want to do.

[@kml4870]

Hello, do you have any idea how to apply for GTIN exemption on Amazon during this period with the new Amazon update? In order to integrate printfull to Amazon? Thank you very much

[@Kittldesign]

Hey there, we don't have specific information for this at this time, but we have some collaborators who might. Check out the Print On Demand Cast (on KZbin or Spotify) and see if you can find some helpful information for filing the exemption. Ryan Hogue is another one of our collaborators that may have some helpful information.

[@missfluffykins4808]

So I searched 'Let's Roll in the USPTO and could not find the one referred to in the other comments as being one that also applied to apparel. The apparel ones (the apparel code is 025) I did find were dead. Does this then mean that the phrase could be used on apparel in the USA?

[@Kittldesign]

We would recommend double checking on one other trademarking site to be extra sure. But if it says dead, then there shouldn't be any issues until another entity decides to trademark it. However, be very careful with that phrases as it's connections to 9/11 will still potentially cause issue.

[@oscarhernandez-rr4sx]

Question ? Please help! What if I patent a phrase that is well known by a artist That is not patented by no. Body and I patent myself will get in trouble? Please let me know? Thanks

[@Kittldesign]

We would always suggest consulting a legal agent or lawyer when trying to patent something, as we are not providing legal advice here.

[@pamelastansbury1407]

Let's Roll was said by one of the passengers on the plane before it crashed on 9 11...When he and the others fought the hijackers.....I don't know..seems like a movie was made...don't know on apparel.

[@aliciaporter4988]

This phrase was big in in the 70s

[@Kittldesign]

Yes, an entity registered that phrase to use for related apparel.

[@Lei-w4z]

I recently signed up for Kittl Pro and just wondering If can I use a phrase on a t-shirt if part of the phrase is trademarked? I've been watching your videos Sir. I just started designing using Kittl. Thank you.

[@Kittldesign]

Great question! We would still always suggest to run that phrase through the trademark website tool to make sure there isn't any current trademarks on that specific phrase. Whether or not it's a partial phrase from a full trademarked phrase doesn't mean you shouldn't check out whether that initial phrase has been trademarked. When in doubt, always check the tool.

[@Lei-w4z]

Thank you Sir. Great suggestion.@@Kittldesign

[@benny6188]

"____is my superpower" is trademarked for class 25. I can't use a phrase like "courage is my superpower" for t-shirts, can I?

[@ecobaby7783]

'I WEAR MY HEART ON MY SLEEVE' trademarked. I DO have some listings with my own original art of classic cars, am I in trouble using Make & Model names anywhere???? help

[@Kittldesign]

The use of car names still seems to be rather undisclosed whether or not it's fair use or not. Reason being, a lot of car models names are extremely old, and also extremely large companies that don't have time to sort through and find everyone using a vehicle name. That being said, VW is certainly off limits. Our advise in general would be to refrain from using car brand names in general, but if you've researched the fair use laws, then it should be fine.

[@Teezlypr]

When on uspto how is there a way to know when you search how to identify what is for apparel? By tje class #? Or do I have to click on each one to see?

[@Kittldesign]

You can find this multiple ways. What we were showing a few times in the video was a simple text-based search with a filter specifically for apparel. But yes you can click in to see the specifics of a license on a phrase and see exactly how they are using it. You can get super ganular with this, or keep it simple and avoid using the phrase if it comes up at all (our suggestion). If you go back to the main search page, USPTO has a couple of pre-set search options you can click on before typing in a phrase.

[@JohnCunningham-z2b]

Great video, quick question, if you do infringe someone's copyright are you likely to be told to take it down in say 7 days and if you have 3,000 listings and you have 3 infringements are they looked at individually or is more "3 strikes and your out"-site closed

[@Kittldesign]

That will be something you need to check on Etsy terms and seller details, but typically only the listing is subject to be taken down as opposed to the whole store.

[@conniesoliz2839]

If there is an active trademark for "I am a man of God" for shirts. Hats, and pants can you use "Man of God" thats not currently active to sell digital files or physical items

[@Kittldesign]

Hey there! Again, we can't give specific advice on trademarks or phrases, so it is best to consult with a professional, or run the additional phrases through a trademarking platform!

[@tonymiciche7374]

I've often wondered what happens if you use a phrase that has no trademarks, then start selling the shirt and later, someone gets a trademark for the phrase? Is this an issue? Do I need to periodically search phrases that I'm already using in case there are future trademarks?

[@Kittldesign]

Typically this won't be an issue if you've already been listing and selling the item with the phrases. However, if a large company wants to trademark a specific phrase for apparel, then there could be some issues, but you would most likely get an email notification from the selling platform asking to take your design down.

[@cassielee1114]

Ya know what, I’m just never using words ever again. I watched this with my mouth opening and closing like a goldfish 😅

[@Kittldesign]

It can definitely be frustrating.

[@NiaLaLa_V]

There are a lot that are free game still. Most of my searches come up empty.

[@golabmomenkhani6285]

Am I allowed to have saying from an author, or something from their book on a shirt? like motivational speeches?

[@Kittldesign]

Typically this is okay so long as you attach the authors name at the bottom or at least somewhere on the work. Whether it's a poster or a book mark or something else. But always research whether or not you should refrain from using certain authors' quotes.

[@golabmomenkhani6285]

Thanks a lot 🙏🏻🙏🏻🙏🏻

[@sbryant6797]

I was wondering about “Merry and Bright”. It it tm by Petco for dog stuff. Would you still use? Or not risk it?

[@Kittldesign]

There is a large difference between personal and commercial use here, as well as the item you are wanting to use it on. We would advise proceeding with caution if you want to use it, and perhaps utilize some other trademark tools to see if the phrase will be flagged.

[@water12370]

Can i use good vibes or vibes instead of trade marked phrase"Good Vibes Only?will it be okay or not?

[@Kittldesign]

We still suggest to run everything through the trademark tool just to be sure.

[@adem-ergun]

I'd like to ask you a question. Can you please help me? I don't fully understand the trademark philosophy. For example, Live Your Best Life... Which option is suitable for Etsy sellers: A - Live Your Great Life (Is there any problem with this change) B - Your Best Life... Live... (Is there any problem with this change) I mean, if I make more or less changes anywhere in this quote, can I use it in this final form? Thank you so much.

[@Kittldesign]

In general, a changing or morphing of the original phrase shouldn't be an issue. However, you can simply type in the new phrase into a trademarking software to see if you are in the clear.

[@MaryUnderwoodeastbayarts]

If the phrase I AM BLESSED is dead but the phrase I AM BLESSED INC is live can I use I AM BLESSED? Thank you for your help and your videos !!!

[@Kittldesign]

We're not sure as to the specifics trademarks on each of those phrases, but we would advise making sure you are using the filter for the intended use-case you want (apparel, products, etc.).

[@MaryUnderwoodeastbayarts]

thank you@@Kittldesign

[@Savvysouthernmama24]

Can I use a trademarked word in a sentence on a shirt for etsy?? I am thinking probably not?

[@Kittldesign]

We would advise against it, but you can always search the entire phrase itself in the tool.

[@sroy9789]

Thanks so much Drew. This video is very useful. I see that the word Fire is trademarked for t-shirts, would using the word fire in a phrase on a t-shirt also be wrong?

[@Kittldesign]

It is unlikely that using the word "fire" amongst other words would cause you any trouble. Typically common nouns like that can't really be trademarked, so I'm not sure that license you are referencing looks like, but you shouldn't have any trouble.

[@sroy9789]

@@Kittldesign Thanks so much Drew. I just realized that Fire is trademarked as a typeset, so may be that's not a problem there. But thanks so much for the clarity. I've been so confused the past few days about trademark and did not have much luck until I ran into your video. Thanks very much for all of your video.

[@lauriedart4221]

Very interesting video. I looked up a phrase we use with the site you suggested and the phrase is part of a bigger scene - there is a picture of what is trademarked. However, under Mark Information it lists the phrase under Mark Literal Elements and Standard Character Claim is No. In then goes on to describe the illustration. Does this mean the actual phrase is trademarked? Thank you so much for any help.

[@Kittldesign]

Hey there, if you see No or Dead, then there shouldn't be an issue. Again, sometimes this will depend on how you are using the phrase, and for what entity (apparel, as a tagline, etc.). If you are seeking confirmation, we would always advise seeking the council of a lawyer or trademark agent, as we aren't providing legal advice on trademarks. Hope that helps!

[@MelH3275]

Just did a search on a word i was going to use on a shirt and " Sleighin' " is trademarked. but Im happy to say that out of all the quotes i want to use , that was the only word that came up trademarked

[@Kittldesign]

It's always good to double check!

[@jenarmstrong118]

Are all the words and phrases on Kittl safe to use? Do we have to change anything up from the designs there? I haven't purchased yet but am thinking of doing the subscription and want to know before I take that leap what I'll need to do.

[@Kittldesign]

Hey there! Generally all of our templates should have any issues, although it's always a good idea to customize the templates to be your own design with your own wording. We also have our new AI Quote Generator which can help you with finding phrases and quotes for different niches. Give it a try here: www.kittl.com/tools/quote-generator

[@jenarmstrong118]

@@Kittldesign Thanks so much for the quick response! I've enjoyed looking through the site and hope to have more time this weekend to dig in and join!

[@jenarmstrong118]

@@Kittldesign Also, do you have any suggestions or tips for a newbie?

[@bluecreekroad]

Is there currently a problem with masks in Kittl? I can't get any of them to work in my projects.

[@Kittldesign]

Hey there, at the moment we aren't finding any issues with masks. If this persists though, please contact support via the Help tab in the bottom left corner.

[@motivatedvisionn]

IM A WRITER. I WRITE QUOEST,PHRASES,POEMS, ALL THE TIME.I WANT TO PROTECT MY SELF. IM NEW TO CONTENT CREATION AND BUSSINESS. BUT I HAVE BEEN WRITING FOR YEARS. AND IM THINKING OF PROTECTING MY WORDS. BECUASE I USE MY OWN SLOGANS ON MY OWN CREATIONS. HOW DO I PROTECT MY SELF.

[@Kittldesign]

Hey there! Use the sites we mentioned as well as other trusted legal sites to let you know which phrases are trademarked.

[@penelopepitstock]

Also try writing with lower case letters as well as upper case.

[@motivatedvisionn]

@@penelopepitstock meaning?. Are you giving me genuine advice. Or ?

[@samcbriarty]

"Lets Roll" Coined 11Sep2001 from the cabin of flight of 93- Drew. You made US all feel OLD LOL

[@Kittldesign]

Thanks for watching and commenting!

[@computernerdtechman]

I can understand trademarking your products name, but phases seem...wrong. This should not be allowed for a company to restrict people from using the English language.

[@Kittldesign]

It is definitely a strange policy.

[@AL6198]

What about simple words such as wildflower, yellow, trampoline..... all trademarked! And what is not trademarked today might be tomorrow or not be in the US, but is in other countries... impossible to keep up!

[@martinastaniek]

just checked a few words i am intrested in, and i am wondering, HOW can - MOTHER and Mother´s and mutter and mütter - be trademarked ???

[@Kittldesign]

Sometimes it is the way they are being used visually, not necessarily the word it's self. It's not entirely possible to trademark one single word like that, but it is possible to trademark a "word mark" (which is a visual).

[@johnd3495]

What if you sell a T-shirt with a phrase that becomes trade marked after? Can you still sell it if you started before the TM?

[@Kittldesign]

Typically you can easily show the listing date for when you published the shirt, which shouldn't be an issue. However, if it is a larger company or corporation, they will ask you to take the design down. Most likely via email through Etsy or another platform. It can certainly happen.

[@c.coleman2979]

JUS'T DO IT is awfully similar to "Just go ahead and do it" which is a saying first coined by Davy Crackett in the early 1800's. I know Trademarks work differently than Copyright, but it SHOULD be in public domain if we're talking copyright.

[@Kittldesign]

Always good to triple check.

[@katandpancho5513]

So useful!

[@Kittldesign]

Glad to hear it!

[@GypsiesandInk]

Merry and Bright I heard is trademarked. I watched a video with someone who got her Etsy account permanently banned and this was what she used on her product, she said it is not trademarked for apparel, and Etsy banned her anyways. IDK but everyone do your due diligence. and error on the side of caution.

[@samanthairving5517]

I watched that video, sad to watch with her crying... But glad I did, I had merry & bright... Took them all down...

[@Kittldesign]

Yes, we want to avoid this at all costs. It's always important to check for fair use, and if there is any hint at potential issues, it's best to avoid a phrase or quote.

[@GypsiesandInk]

@@samanthairving5517it was sad. And if I remember correctly, the term is trademarked for pet products and not apparel. So yikes if that is what her final strike was.

[@anngeisheimer]

I think competitors report when they see good sales. Etsy or Amazon doesn't want to deal with the issue even through there is a good defense (not the same category). I've seen this over and over. I don't use trademarked phrase even if different category just so there is zero reason for competition to report.

[@sroy9789]

@@samanthairving5517 same :) I took down all of my merry & bright shirts after watching her video.

[@catharinef.40]

So to confirm that any of these phrases can be used as long as it is used in an extended phrase?

[@Kittldesign]

Hey there, we're not entirely sure what you are asking, but always double check with the trademarking sites.

[@jasonbruno1779]

Now what if you changed a phrase around to make it your own in a design but used the original phrase in the tags, would that still be problematic?

[@Kittldesign]

We would still recommend avoiding the phrase anywhere altogether. We can't say whether or not that would work.

[@micpic119]

Where can I get a Kittl hat?

[@Kittldesign]

Right now we are not providing Kittl-specific merchandise, but we are thinking about it for the future!

[@wendyon4517]

I find that Spreadshirt nixes use of ANY trademarked word or phrase. For example I couldn't use Frankenstein. I guess they are covering themselves in case future products go against a trademark. I learned about "Good vibes" from a Spreadshirt upload, though 😅. They won't let you use those words.

[@Kittldesign]

Good point. A lot of commission based platforms like Redbubble will altogether decline a shirt with a phrase or icon remotely close to a registered entity.

[@bradholmes1832]

Thanks Drew! Cheers, Brad H

[@Kittldesign]

You are most welcome!

[@MissTShompagne]

Also...what about pictures of Recording Artists or Actors on shirts? I think it's a NO but it doesn't hurt to ask to be sure.

[@MysticMary-g9s]

No.

[@MissTShompagne]

@@MysticMary-g9s Thanks

[@Kittldesign]

We would always refrain from this unless you are attempting to make a collage for a specific project that doesn't involve commercial selling. Of course you can always look into the permissions and fair use laws to see if it's okay to use photographs. (But they would have to already be commercial free photographs, not copied from somewhere online).

[@tonyr.4778]

​@@Kittldesignthis is something I've wondered about as I've seen multiple artists and celebrity images in the CCO public domain sites. Are those safe to use? From my understanding, if it is CCO public domain, there is no copyright and is free to use commercially. Am I missing something? Also I read political figures are considered public domain. Maybe not any images someone has taken of them , but if you take your own picture, it should be safe. Again, if you know more on this, I'd appreciate clarity.

[@lmlowe9100]

Please do a video on how to trademark and copyright your own phrase.

[@linnson]

it cost a lot of money tho

[@Kittldesign]

This isn't specifically in our wheelhouse, but there are a ton of great KZbin videos on how to go through this process. For personal creators, typically trademarking a phrase is never necessary.

[@janetwilliams157]

Could you clarify what you mean when you say something is trademarked for apparel? Does that mean you can use it on non-apparel items? Thanks!

[@Kittldesign]

Correct, sometimes a license holder on a specific phrase only wants exclusive rights to use it for t-shirt or garments, meaning a poster with the phrase, or a journal cover shouldn't be an issue.

[@janetwilliams157]

@@Kittldesign Thanks!! I’m just on the site now but I see international registrations. Is that so a company can sell their trademarked items IN the USA? I’m in Canada BTW.

[@DesignCutters]

​@Kittldesign I'm pretty sure companies like Harley Davidson, Coca Cola, Pepsi, Nike, Redbull, Monster, Disney, etc etc etc would not allow ANY use of any of their intellectual properties on ANY items. Establishing legal ownership on apparel, for instance, does not necessarily imply it's open season and fair game on other kinds of items.

[@janetwilliams157]

@designcutters Thank you. I should clarify, I was referring to whether a design was only registered for use on apparel could you apply for its use on other items.

[@DesignCutters]

@janetwilliams157 Any slogan you see on packaging, for example, with the R or the tm after it is not allowed on items you create unless you pay a licensing fee or have a financial arrangement with the originator of the design or slogan or word. In my limited understanding of this, if someone registers it, they own essentially all forms of it. Ford may not have specifically registered their logo and name for apparel, but that does not mean you can put it on T-shirts.

[@P-Funk69]

Life is good is actually a tm from a big t shirt brand from early 2000s.

[@Kittldesign]

Interesting!

[@MysticMary-g9s]

You should also do a video about people using song lyrics. They are copyright and that can bring lawsuits too. Lets Go Girls and Let it Be are two I can think of off the bat. Copyright you will not find in USPTO.

[@Kittldesign]

Good point about always checking song or poem lyrics. We will look into the best way to find these.

[@sroy9789]

​@@Kittldesign would be great to have a way to search lyrics for phrases.

[@dutenn]

What if I purposely misspell words or entire phrase?

[@Kittldesign]

We wouldn't suggest this, as the audience most likely won't follow through with the purchase.

[@dutenn]

@@Kittldesign yes, because most young people are much more concerned about proper spelling than a person's pronouns or how many more genders there are today than yesterday. Would it be a legal concern or not? In a time where almost everything is an acronym because people are too lazy to speak or type correctly.... I'll hedge on not worrying too much about that, as long as it appears to be done on purpose

[@robertgonzales4840]

How do I trademark a phrase?

[@Kittldesign]

There are certain companies you can utilize to do this, but it is usually not necessary unless you are a larger company trademarking a certain tagline.

[@sbryant6797]

I got dinged by Etsy for using a drawing of a VW van for a retro tee shirt. I got a notification from Volkswagen with a very German name. I changed up my one other tee shirt I had with it on just to be safe.

[@Kittldesign]

Yes, the VW van, drawn by hand or using an elements, is off limits. We have seen far too many shops affected.

[@P-Funk69]

This is also a good reason to not just use stick art as is that includes text bc those artists are not checking.

[@Kittldesign]

Sure, stock or clip art can sometimes cause a headache for sellers when used incorrectly.

[@bl4ckw1z4rd3]

Could you also do something about Christmas?

[@Kittldesign]

Hey there! You can always search your favorite Christmas quotes in the USPTO link in the description above to see whether or not a phrase is okay to use.

[@bl4ckw1z4rd3]

@@Kittldesign 🙏🖤

[@karenunger9180]

I’ll join your club!!!

[@Kittldesign]

Hope you enjoy using Kittl.

[@stacyosborn4537]

I think Most Likely has a pending? Boy mom, wifey, onesie. Not exactly “phrases” of course but anything helps. Obviously, Smiley faces, smiley owns it and I believe it’s ALL FACES-but that’s controversial, Taylor swift, music phrases of her , Shania Twain, AC/DC and lightening bolt used together with don’t-anything Disney, movie fonts and logos too.

[@Kittldesign]

Sure, onesie is a big one to avoid, unless you are specifically using a print-provider that allows you to print on an actual onesie brand garment. It is very interesting indeed!

[@stacyosborn4537]

@@Kittldesign I’m scared to design and even more so of the SEO bc Etsys algorithm is always on a war path! 😳 it seems to miss a lot of big stores who are 100% infringing all day long…maybe $ is more important to them and they hit little stores to look like they are “helping” if not, they would do a design upload first to get OK’d or rejected like Amazon ppl say happens! Wouldn’t that help a lot? Sure it may take a few days for everything to get OK’d, denied and fixed, but the site would be cleaner, ethical and trusted! Everyone would have to go through same process, so it would be equal and the ones abusing it-making buyers question the platform nowadays…those sellers wouldn’t try it, give up and leave more opportunity for us who are truly trying to do right by all policies! I know it may be a tad different and even difficult-but there would also be less shops getting shut down for NO reason also! Pro’s and Con’s to everything!

[@seplynn7122]

I wonder what would happen if these oppressors were taken to court for violating peoples right to free speech.

[@-Ry-Guy]

What about not super popular quotes?

[@Kittldesign]

We would still advise running through the trademark tool to check.

[@sekbaavi]

I keep a very thick SYNONYM FINDER at hand 24/7 ;-)

[@Kittldesign]

That's a great idea.

[@timguba]

Also, don't use the word 'BOSS' anywhere at any time. Using the term 'Elf on a Shelf ' is also prohibited. Ask me how I know...

[@linnson]

whaaaat we cant use the word boss, not even in a meaning?

[@Abioticwinter]

How is Boss TM? Hugo Boss but that's a brand.

[@timguba]

@@Abioticwinter That's what I'd like to know. But I had a product listing pulled that said "I'm the boss. Do what I say, not what I do." Not even the same context.

[@TheEnterthedreaming]

Hey, I'd suggest revisiting this video. There seem to be a few inaccuracies. Perhaps chat with a trademark attorney for clarity? Like, just because LG trademarked "Life is Good" doesn't mean it's for t-shirts specifically.

[@Kittldesign]

This is why we leave everything up to the viewers discretion to double and triple check phrases to see if there might be any complications using them on apparel or other products. We only reported information on data we found in the USPTO website, along with another trademark site that provided the same information. It is up to users to decide whether or not to use the phrases on their products. But our best advice would be to completely avoid phrases that have the slightest possibility to provide you with a POD headache.

[@TheEnterthedreaming]

@@Kittldesign The best advice is to talk to a trademark and copyright lawyer.

[@TabithaVanderstoep]

What happens if you make a pun out of a trademark? Like "live your beast life" with a pic of a bear? Is it still that trademark?

[@Kittldesign]

We would still recommend putting the new phrase back in the trademark tool to make sure there aren't any issues.

[@Lee_Hazel]

As of August 2023, ‘Don’t Panic It’s Organic’ is trademarked for apparel etc

[@Kittldesign]

Thanks for the heads up.

[@nairbvel]

"Let's Roll" comes from 9/11. Look up United Airlines Flight 93. Should *NOT* be forgotten.

[@karenunger9180]

Even a VW bus print that had been hippified. No bueno!😢

[@Kittldesign]

Yes any bus with the VW style sadly has been completely trademarked.

[@tesaikealiiolanakila]

What if you use a different spelling?

[@Kittldesign]

We still wouldn't suggest this, as the intended customer may still not want to purchase an incorrectly worded shirt design.

[@lisapearlman]

I wonder about "I am Enough" and "You are Enough" is trademarked, and "Dare to Dream" and "Nevertheless She Persisted"

[@Kittldesign]

Definitely double check them in the Trademarking sites.

[@davesnothere8859]

Let's roll is what the guys said on the plane that crashed in pennsylvania. on 9/11. Knowing they were likely to die the took over the plane rather than let it reach it's destination, if I recall that was the white house.

[@theresahernblom1819]

How about a plain shirt 👕 😊

[@Kittldesign]

That should work!

[@heatherh5466]

While I get that companies want to protect their own products, I find it stupid that basically eventually everything will be trademarked. There are only so many words and combinations of words that can be made…

[@Kittldesign]

It is certainly aggravating.

[@n_l_o]

Just because it's trademarked doesn't mean it's enforceable. People can pay to trademark anything, but you can't just trademark every common phrase. Most won't hold up in court.

[@Kittldesign]

It will depend on use-cases, unit amount you will sell, and many other things. But to avoid potential headache, we will also suggest to avoid phrases that have live contracts on them (or oversaturated phrases in general).

[@MooshkiJ]

The problem is that most people can’t afford to fight the issue in court.

[@julie5786]

Wifey, Hubby, and Onesie are all trademarked. I heard someone in China is trying to trademark, Mother's Day.

[@Kittldesign]

Things are definitely getting a bit wild.

[@andrewdowniephd]

I haven't entered into the world of Merch as yet... but, oh man, what phrases we are familiar with haven't been trademarked? Lol.

[@Kittldesign]

It is certainly frustrating!

[@visionsofheaven]

These are all trademarked for apparel with text marks - vibes, it's me, mother, boy, sister, etc...

[@Kittldesign]

Typically companies won't hold a trademark on an every day word like mother, as that's not really possible, but they can register an exclusive use for a phrase on apparel. When in doubt, you can always compile more or less words to avoid headache.

[@AccordingtoCiCi]

In your prompts make sure that you include that you want trademark free quotes

[@Kittldesign]

You can filter it that way, but we wanted to filter it to show if it does in fact have a trademark on the phrase.

[@3AlarmBushcraft]

So…..basically after reading all the comments below just don’t use anything in the english language and you are good.

[@Kittldesign]

It can certainly seem that way sometimes, but it's more about how you are using the phrases, and simply just double checking using a trademarking site.

[@Sharauni]

Intresting information but it's such BS that companies/people can trademark friggen words or phrases XD I mean, I get not being able to use things from actual properties like Disney etc, but just normal words or phrases? Just stupid.

[@Kittldesign]

It can certainly be frustrating!

[@giginoel]

At this rate you literally can’t use any words.

[@giginoel]

This is very helpful though thank you. Just frustrating.

[@Kittldesign]

Glad it was helpful!

[@Kittldesign]

Yes it can be quite frustrating.

[@ArtisticInteligence1]

Unbelievable how ppl take things for granted...it cant be legal to trademark ANYTHING!!!!!!!!!!!!! League is for FREE!!!!!!!!

[@Kittldesign]

It can certainly be frustrating.

[@thecaptainsnark]

avoid clichés the main lesson here

[@Kittldesign]

It seems many clichés have been trademarked at one point or another.

[@Bekind95]

Anything Taylor Swift related is a big one.

[@Kittldesign]

Anything celebrity related should probably be off the radar.

[@azamkamolov5111]

USPTO should limit and deny a lot of phrases to be trademarked, they did not invent the phrase, phrases should be public domain. Greedy corporations getting greedy.

[@Kittldesign]

It can certainly be quite frustrating.

[@oscarhernandez-rr4sx]

Please help on my comment below? Thanks

[@natevanek2785]

Trademark aside, these phrases are corny and played out on shirts. Come up with something fresh.

[@Kittldesign]

This was just a list of common phrases that people are familiar with. You definitely want to use your own creativity to make something different in the same niche.

[@natevanek2785]

@@Kittldesign Totally. Wasn't trying to take shots at you. More just saying that if you're still trying to put these on shirt you need to step your game up.

[@SpeedbirdHeavy]

The word 'Onesie' is trademarked, so if you sell these you'll have to call them something else 🙄

[@Kittldesign]

It is, but if you use a supplier where you can print your design on an official onsie "baby suit," then you shouldn't have any issues using this word in your listing title.

[@cxa011500]

Two common words shouldn't be able to be trademarked. 🙄

[@Kittldesign]

It is certainly frustrating.