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

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It's always important to check which phrases you can and can't use when it comes to print on demand. Some of the most common phrases you hear people say everyday unfortunately have a trademark or license on them (specifically for apparel). So to make sure you don't have any issues with your listings, it's best to avoid using these phrases on your t-shirt designs. And always make sure you run the phrase you want to use through the USPTO website. Be sure to check out these other helpful details below.👇
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13 окт 2023

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Комментарии : 257

@Drathaar01 9 месяцев назад

"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 9 месяцев назад

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 9 месяцев назад

@@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 9 месяцев назад

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

@susanravella6261 Месяц назад

Nice parents making a buck off the tragedy.

@Drathaar01 Месяц назад

@@susanravella6261 Don't be jealous.

@EricHatheway 9 месяцев назад

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 9 месяцев назад

Great points, Eric!

@computernerdtechman 9 месяцев назад

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 9 месяцев назад

It is definitely a strange policy.

@AL6198 4 месяца назад

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!

@juliegayson7947 6 месяцев назад

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

@Kittldesign 6 месяцев назад

Cheers!

@merrimcarthur7198 9 месяцев назад

This has been exceedingly helpful. Thank you!

@Kittldesign 9 месяцев назад

You're very welcome!

@robins9760 7 месяцев назад

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 7 месяцев назад

Yes, it can certainly be frustrating.

@disfrutadelonaturalconshirlysa 9 месяцев назад

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 9 месяцев назад

We hope you love using Kittl!

@denicase9444 9 месяцев назад

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 9 месяцев назад

its insane what weve allowed

@Kittldesign 9 месяцев назад

Yes, it is quite frustrating.

@janetwilliams157 9 месяцев назад

Don’t give them any ideas! LOL

@hjomnp09mgh 9 месяцев назад

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 9 месяцев назад

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

@katandpancho5513 9 месяцев назад

So useful!

@Kittldesign 9 месяцев назад

Glad to hear it!

@Jen.E 9 месяцев назад

"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 9 месяцев назад

Yes, there are a few articles on this.

@cassielee1114 9 месяцев назад

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

@Kittldesign 9 месяцев назад

It can definitely be frustrating.

@NiaLaLa_V 4 месяца назад

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

@RebeccaBellaPugsMomOfficial 3 месяца назад

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 3 месяца назад

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. 😉

@bradholmes1832 9 месяцев назад

Thanks Drew! Cheers, Brad H

@Kittldesign 9 месяцев назад

You are most welcome!

@seplynn7122 9 месяцев назад

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

@phylliskhare 9 месяцев назад

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 9 месяцев назад

That's certainly frustrating!

@juliegayson7947 6 месяцев назад

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 5 месяцев назад

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.

@ems246 9 месяцев назад

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 9 месяцев назад

i wanna know that too

@Kittldesign 9 месяцев назад

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 9 месяцев назад

@@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 9 месяцев назад

Following

@nicolemccarty8776 9 месяцев назад

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 !

@samcbriarty 8 месяцев назад

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

@Kittldesign 8 месяцев назад

Thanks for watching and commenting!

@JohnCunningham-z2b 9 дней назад

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

@timguba 9 месяцев назад

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 9 месяцев назад

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

@Abioticwinter 9 месяцев назад

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

@timguba 9 месяцев назад

@@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.

@CarloLopezScutaro 6 месяцев назад

great content! thanks for the explanation, I'm learning a lot from your videos. quick question: if word "distracted" is trademarked, can I use it on a phrase for my design?

@Kittldesign 6 месяцев назад

It's rare that a single word will ever be able to be trademarked for general use, so it should be fine to use a single word as a design for apparel. Usually, a visual word-mark is what will be trademarked, not the english word itself.

@CarloLopezScutaro 6 месяцев назад

thanks@@Kittldesign

@kml4870 9 месяцев назад

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 9 месяцев назад

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 RU-vid 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.

@karenunger9180 9 месяцев назад

I’ll join your club!!!

@Kittldesign 9 месяцев назад

Hope you enjoy using Kittl.

@sroy9789 9 месяцев назад

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 9 месяцев назад

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 9 месяцев назад

@@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.

@jenarmstrong118 9 месяцев назад

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 9 месяцев назад

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 9 месяцев назад

@@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 9 месяцев назад

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

@sbryant6797 9 месяцев назад

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

@Kittldesign 9 месяцев назад

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.

@NiaLaLa_V 4 месяца назад

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 4 месяца назад

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.

@lauriedart4221 9 месяцев назад

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 9 месяцев назад

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!

@missfluffykins4808 9 месяцев назад

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 9 месяцев назад

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.

@melissahiroti3275 9 месяцев назад

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 9 месяцев назад

It's always good to double check!

@hjomnp09mgh 9 месяцев назад

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 9 месяцев назад

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

@sroy9789 9 месяцев назад

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

@Teezlypr 9 месяцев назад

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 9 месяцев назад

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.

@benny6188 8 месяцев назад

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

@adem-ergun 6 месяцев назад

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 6 месяцев назад

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.

@wendyon4517 9 месяцев назад

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 9 месяцев назад

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.

@c.coleman2979 9 месяцев назад

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 9 месяцев назад

Always good to triple check.

@ecobaby7783 9 месяцев назад

'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 9 месяцев назад

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.

@bluecreekroad 9 месяцев назад

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

@Kittldesign 9 месяцев назад

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.

@user-bv3gk5kp5h 8 месяцев назад

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 8 месяцев назад

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.

@user-bv3gk5kp5h 8 месяцев назад

Thank you Sir. Great suggestion.@@Kittldesign

@pamelastansbury1407 9 месяцев назад

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 9 месяцев назад

This phrase was big in in the 70s

@Kittldesign 9 месяцев назад

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

@tonymiciche7374 9 месяцев назад

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 9 месяцев назад

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.

@oscarhernandez-rr4sx 9 месяцев назад

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 9 месяцев назад

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

@stacyosborn4537 9 месяцев назад

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 9 месяцев назад

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 9 месяцев назад

@@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!

@johnd3495 9 месяцев назад

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 9 месяцев назад

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.

@P-Funk69 9 месяцев назад

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

@Kittldesign 9 месяцев назад

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

@jasonbruno1779 9 месяцев назад

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 9 месяцев назад

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

@sekbaavi 9 месяцев назад

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

@Kittldesign 9 месяцев назад

That's a great idea.

@P-Funk69 9 месяцев назад

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

@Kittldesign 9 месяцев назад

Interesting!

@mrandmrscupid 5 месяцев назад

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 4 месяца назад

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.

@golabmomenkhani6285 9 месяцев назад

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

@Kittldesign 9 месяцев назад

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 9 месяцев назад

Thanks a lot 🙏🏻🙏🏻🙏🏻

@conniesoliz2839 Месяц назад

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 Месяц назад

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!

@MaryUnderwoodeastbayarts 9 месяцев назад

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 9 месяцев назад

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 9 месяцев назад

thank you@@Kittldesign

@GypsiesandInk 9 месяцев назад

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 9 месяцев назад

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

@Kittldesign 9 месяцев назад

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 9 месяцев назад

@@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 9 месяцев назад

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 9 месяцев назад

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

@RandomButBeautiful 9 месяцев назад

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 9 месяцев назад

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.

@catharinef.40 9 месяцев назад

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

@Kittldesign 9 месяцев назад

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

@janetwilliams157 9 месяцев назад

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 9 месяцев назад

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 9 месяцев назад

@@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 9 месяцев назад

@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 9 месяцев назад

@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 9 месяцев назад

@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.

@heatherkufner3879 8 месяцев назад

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

@Kittldesign 8 месяцев назад

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

@micpic119 9 месяцев назад

Where can I get a Kittl hat?

@Kittldesign 9 месяцев назад

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

@Lee_Hazel 9 месяцев назад

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

@Kittldesign 9 месяцев назад

Thanks for the heads up.

@TheEnterthedreaming 9 месяцев назад

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 9 месяцев назад

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 9 месяцев назад

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

@sbryant6797 9 месяцев назад

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 9 месяцев назад

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

@bl4ckw1z4rd3 9 месяцев назад

Could you also do something about Christmas?

@Kittldesign 9 месяцев назад

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 9 месяцев назад

@@Kittldesign 🙏🖤

@martinastaniek 3 месяца назад

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 3 месяца назад

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).

@nairbvel 9 месяцев назад

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

@Cateutopia 9 месяцев назад

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.

@hjomnp09mgh 9 месяцев назад

No.

@Cateutopia 9 месяцев назад

@@hjomnp09mgh Thanks

@Kittldesign 9 месяцев назад

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 9 месяцев назад

@@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.

@user-ih6dg1hn8x 2 месяца назад

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 2 месяца назад

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

@davesnothere8859 9 месяцев назад

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.

@robertgonzales4840 9 месяцев назад

How do I trademark a phrase?

@Kittldesign 9 месяцев назад

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.

@heatherh5466 9 месяцев назад

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 9 месяцев назад

It is certainly aggravating.

@n_l_o 9 месяцев назад

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 9 месяцев назад

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 9 месяцев назад

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

@julie5786 9 месяцев назад

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

@Kittldesign 9 месяцев назад

Things are definitely getting a bit wild.

@karenunger9180 9 месяцев назад

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

@Kittldesign 9 месяцев назад

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

@lmlowe9100 9 месяцев назад

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

@linnson 9 месяцев назад

it cost a lot of money tho

@Kittldesign 9 месяцев назад

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

@dutenn 9 месяцев назад

What if I purposely misspell words or entire phrase?

@Kittldesign 9 месяцев назад

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

@dutenn 9 месяцев назад

@@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

@lisapearlman 9 месяцев назад

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

@Kittldesign 9 месяцев назад

Definitely double check them in the Trademarking sites.

@andrewdowniephd 9 месяцев назад

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 9 месяцев назад

It is certainly frustrating!

@theresahernblom1819 9 месяцев назад

How about a plain shirt 👕 😊

@Kittldesign 9 месяцев назад

That should work!

@cicioneandonly478 9 месяцев назад

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

@Kittldesign 9 месяцев назад

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.

@visionsofheaven 9 месяцев назад

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

@Kittldesign 9 месяцев назад

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.

@tesaikealiiolanakila 8 месяцев назад

What if you use a different spelling?

@Kittldesign 8 месяцев назад

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

@-Ry-Guy 4 месяца назад

What about not super popular quotes?

@Kittldesign 4 месяца назад

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

@3AlarmBushcraft 4 месяца назад

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

@Kittldesign 4 месяца назад

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 9 месяцев назад

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 9 месяцев назад

It can certainly be frustrating!

@Bekind95 9 месяцев назад

Anything Taylor Swift related is a big one.

@Kittldesign 9 месяцев назад

Anything celebrity related should probably be off the radar.

@thecaptainsnark 9 месяцев назад

avoid clichés the main lesson here

@Kittldesign 9 месяцев назад

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

@ArtisticInteligence1 9 месяцев назад

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

@Kittldesign 9 месяцев назад

It can certainly be frustrating.

@giginoel 9 месяцев назад

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

@giginoel 9 месяцев назад

This is very helpful though thank you. Just frustrating.

@Kittldesign 9 месяцев назад

Glad it was helpful!

@Kittldesign 9 месяцев назад

Yes it can be quite frustrating.

@oscarhernandez-rr4sx 9 месяцев назад

Please help on my comment below? Thanks

@azamkamolov5111 7 месяцев назад

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 7 месяцев назад

It can certainly be quite frustrating.

@SpeedbirdHeavy 9 месяцев назад

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

@Kittldesign 9 месяцев назад

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.

@natevanek2785 9 месяцев назад

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

@Kittldesign 9 месяцев назад

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 9 месяцев назад

@@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.