Legal Question in Intellectual Property in Georgia

patent protection

Can tee shirt logo designed be protected?


Asked on 11/10/08, 9:16 am

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

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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Answered on 11/21/08, 9:42 am


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