Legal Question in Intellectual Property in Georgia
patent protection
Can tee shirt logo designed be protected?
1 Answer from Attorneys
Re: patent protection
Logos are not protectable by patent. Patent protects invention (a patent would protect a better mousetrap, for example, or a new variety of rose, or even an ornamental design, but a t-shirt logo generally does not qualify under the statute as an "ornamental design").
However, a logo, slogan, design or other indicator of the source of goods in commerce may be protectable by trademark.
Copyright may also be a valid avenue in which to seek protection for the logo if the logo qualifies as a "work of authorship."
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