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Before you upload a t-shirt design, run every word and phrase through a trademark search: the USPTO database for the US, TMview for Europe. If a live trademark covers that phrase for clothing, change your design. Trademarks are the number one reason print on demand designs get removed and accounts get suspended. Here is how to check them in a few minutes, for free.
Lire en français : Marques déposées sur t-shirt : vérifier avant de publier
Table of contents
Why trademarks are the biggest risk in POD
A trademark protects a name, slogan or logo for specific product categories. When your design uses a phrase trademarked for clothing, the owner can file a complaint and the platform takes the design down. Redbubble, Spreadshirt, TeePublic and Amazon all do this, and repeated complaints can get your account closed.
The catch is that many everyday-sounding phrases are registered. "Just Do It" belongs to Nike, "I ♥ NY" to New York State, and new trending phrases are filed for t-shirts every month. Still looking for your niche? My guide on how to find a print on demand niche includes the trademark check as a core step.
Trademark, copyright, right of publicity
Three different rights can block a design. A trademark search only covers the first one.
| Right | What it protects | Avoid |
|---|---|---|
| Trademark | Names, slogans, logos, per product class | Brand, team and band names, registered catchphrases |
| Copyright | Creative works: art, characters, text, lyrics | Movie and game characters, song lyrics, fan art |
| Right of publicity | A person's name and likeness | Celebrity portraits and names, athletes |
Be careful with the public domain: a work can enter it while trademarks on the same character stay live. The earliest Mickey Mouse entered the US public domain in 2024, but Disney still holds its trademarks on the character.
How to do a trademark search in 5 steps
- List every word in your design. The full slogan, each key word, and two- or three-word combinations.
- Search the USPTO. Open the USPTO trademark search, enter your phrase and check the status: "Live" means active, "Dead" means it is no longer in force. Start here, since a large share of POD sales happen in the US.
- Search TMview. TMview covers EU trademarks and many national offices. You need it if you sell on Spreadshirt or to European buyers.
- Check the WIPO database for other countries. The WIPO Global Brand Database catches international registrations the other two may miss.
- Read the classes and decide. If a live registration or a pending application covers clothing, mugs or stickers, rewrite your text. If it only covers unrelated goods, the risk is lower, but stay away from famous brands.
💡 Pro tip: the classes that matter
Trademarks are registered by class (the Nice Classification). For print on demand, watch class 25 (clothing), 21 (mugs and drinkware), 16 (paper goods, stickers, posters) and 9 (phone cases). A class 25 registration alone is enough to block your t-shirt.
Why pending applications matter too
A phrase does not need to be registered yet to cause trouble. Once someone files an application for clothing, platforms may act on a complaint, and the registration can be granted months after your design went live. Treat a pending application in class 25 like a live trademark, and recheck your best sellers from time to time, since new filings appear constantly for trending phrases.
What is safe to do
- Write your own slogans, and still check them.
- Use descriptive words in their ordinary meaning ("cat", "coffee", "hiking"), not as a brand name.
- Draw original characters instead of existing ones. That is the idea behind my Karate Cat design: an invented character with no link to any film or brand.
Trademark check tools that save time
The official databases are enough, but they get slow when you upload a lot. A tool like Flying Research lets you search several databases at once.
Flying Research
A print on demand research web app with a trademark search that covers WIPO, EUIPO, the US, UK, Germany, France, Italy and Spain in one go, across all product classes.
- Pros: one search for several countries, and trademark search is part of the free plan, with no credit card.
- Cons: data is updated weekly, so a mark filed a few days ago may be missing; the watchlist with email alerts is a Pro feature.
- Best for: anyone selling in several countries who wants a fast first check.
No tool is foolproof: an empty result does not guarantee a phrase is free. Keep a manual check for your important slogans.
What to do if a design gets removed
- Read the platform's notice. It usually names the trademark or work involved.
- Do not re-upload the design, even slightly changed: it counts as a new infringement.
- Remove similar designs yourself from all your shops to avoid further complaints.
- If you believe it is a mistake, use the platform's dispute or counter-notice process, with proof that your design is original.
The rules are the same everywhere: Redbubble and Spreadshirt both remove designs after a complaint. See their other differences in Redbubble vs Spreadshirt.
FAQ
How do I know if a phrase is trademarked?
Search it in the USPTO trademark search and in TMview. Check whether a live registration or a pending application covers clothing (class 25) or the other products you sell.
Can I put a brand name on a t-shirt?
Not without the owner's written permission. Using a brand name, logo or team name on a shirt you sell is infringement, and platforms also remove close variations such as deliberate misspellings or puns.
Is fan art allowed on print on demand sites?
Generally, no. Characters from movies, shows and games are protected by copyright and often by trademarks. Some platforms run licensed fan art programs, but outside of those, fan art gets taken down.
Can I use a "Dead" trademark from the USPTO?
A dead trademark is no longer protected in the US, but check that it is not registered elsewhere in TMview or WIPO, and that no new application has been filed for the same phrase.
Key takeaways
A trademark check takes minutes and protects your account. List your words, search the USPTO, TMview and WIPO, read the classes, and rewrite at the first doubt. A tool like Flying Research speeds things up, but it does not replace your own check.
This article is for information only and is not legal advice. For a specific case, talk to an intellectual property attorney.
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Lire en français : Marques déposées sur t-shirt : vérifier avant de publier
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