Trademark Tales of Terror: The Apparition on the Apparel: Brand vs. Decoration

Trademark Ornamental Use is Decoration, Not a Brand: If you print a catchy phrase (like “STAY CREEPY”) or a large design prominently across the front of a shirt, the USPTO will usually consider that ornamental use (decoration). People buy it because they like the saying, not because they think the saying is the name of the clothing manufacturer.

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