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VIDEO · 07 JANUARY 2015

Lawyers Make Good Lovers. (Video Content)

Are slogans like "Lawyers Make Good Lovers" used on t-shirts protected by trademark law? Probably not. A slogan is generally not protectable under trademark law, unless it also serves as a trademark.

United StatesIntellectual Property
Stites & Harbison PLLC
Stites & Harbison PLLC
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Are slogans like "Lawyers Make Good Lovers" used on t-shirts protected by trademark law?

Probably not.

A slogan is generally not protectable under trademark law, unless it also serves as a trademark. As a reminder, to be a trademark words or symbols must function as commercial indicators of the source of goods. The U.S. Patent and Trademark Office often deems wording that appears across the front of a T-shirt to be mere ornamentation for the goods – in other words something that just makes the product more aesthetically appealing to consumers.

Amy's son Joseph wearing a t-shirt with an unprotectable slogan.

So how do you make a slogan into a trademark? Use it as one.

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