Getting the last word on clothing with a message

Nation's Business, Dec, 1997 by Stephen Blakely

I'm interested in putting a particular phrase or slogan on T-shirts, sweat shirts, or caps. Where can I look to make certain the phrase is not being used, and how can I make sure that no one else uses it? M.P., Knoxville, Tenn.

The Copyright Office in the Library of Congress in Washington, D.C., handles these kinds of issues. To speak to a copyright-information specialist, call (202) 707-3000. The office's Internet site is www.lcweb.loc.gov/copyright.> Federal copyright protection is, according to the law, for "original works of authorship." Skip Strobel, a Copyright Office specialist, notes that the law specifically excludes coverage of titles, names, short phrases, slogans, and familiar symbols or designs, which likely makes it difficult to protect a slogan. For example, Strobel says, "you would not be able to copyright `today is the first day of the rest of your life.'"

But Strobel adds that trademark protection is possible for unique corporate-related phrases or slogans such as those used by some professional sports teams.

Trademarks have to be registered and periodically renewed with the U.S. Patent and Trademark Office in Arlington, Va.; call 1-800-786-9199 for more information, or visit the office's Internet site at www.uspto.gov.