Ornamental Use in Trademarks: The Mistake That Can Cost You Your Brand
Think Your Logo or Slogan Is a Trademark? Think Again.
You’ve designed the perfect logo or come up with a killer slogan. You print it on T-shirts, coffee mugs, or hats. Sales are booming. So, you decide to trademark it—only to get hit with a rejection from the United States Patent and Trademark Office (USPTO).
The reason? Ornamental use.
The USPTO often rejects applications where a mark is seen as decorative rather than a brand identifier. If your logo or slogan is too large, prominently placed, or simply looks like an artistic element rather than a source of goods, you won’t get a trademark. And worse? Anyone else can copy it legally.
So, how do you protect your brand? This guide breaks down what ornamental use means, why so many businesses get tripped up by it, and—most importantly—how to fix it.
📊 What Is Ornamental Use in Trademarks?
Ornamental use happens when your mark looks more like a design than a brand identifier.
❌ Example of Ornamental Use (Trademark Fail)
A T-shirt with "Rise & Grind" in huge letters across the front → Decorative
A coffee mug with “Good Vibes Only” in oversized text → Decorative
A hoodie with “Fearless” printed in bold on the chest → Decorative
In all these cases, the USPTO would likely reject a trademark application because these phrases look like design elements, not brand identifiers.
✅ Example of Proper Trademark Use (Trademark Win)
A Nike swoosh logo on the sleeve of a T-shirt → Trademark
A small Adidas logo on a clothing tag → Trademark
A Supreme Box Logo on the inside label → Trademark
If a trademark is placed in a subtle, branding-oriented way—such as on tags, inside collars, on packaging, or as a small logo on the sleeve—it stands a much better chance of being approved by the USPTO.
🌐 Real-World Cases: When Trademarks Were Rejected for Ornamental Use
Nike’s "Just Do It" Trademark Struggle
Nike wanted to trademark "Just Do It" for apparel, but the USPTO initially rejected the application. Why? Because the slogan was printed in large text across the front of T-shirts and other clothing.
✅ How Nike Won: They provided extensive advertising and branding evidence to prove that consumers associated "Just Do It" with Nike. Over time, the phrase gained secondary meaning, meaning the public recognized it as a Nike slogan, not just a generic phrase.
Lululemon’s Wave Logo Case
Lululemon faced a similar problem when they tried to trademark their wave-shaped logo for athletic apparel. The USPTO argued that because it was large and prominently displayed on clothing, it was more of a decorative design than a trademark.
✅ How Lululemon Fixed It: They demonstrated that their logo was also used on tags, product packaging, and smaller placements on clothing—which reinforced its role as a brand identifier, not just decoration.
📝 How to Avoid an Ornamental Use Rejection
If you’re serious about trademarking your logo, phrase, or design, follow these steps to avoid an ornamental use rejection.
1. Place Your Trademark in Strategic Locations
One of the biggest red flags for the USPTO is when a logo or slogan appears only in a large, decorative way. Instead, place your mark in locations where branding is typically found:
✅ Product labels (e.g., inside shirt collars, on hang tags, or on the bottom of coffee mugs)
✅ Packaging (e.g., shoe boxes, wrappers, bags)
✅ Small placements on the product itself (e.g., on the sleeve, corner of a tote bag, or inside a shoe)
2. Make Sure Your Trademark Isn’t the Main Design
If your logo or phrase takes up the entire front of a T-shirt, that’s a red flag. Instead, keep it subtle and use it the way major brands do.
3. Prove Secondary Meaning (Acquired Distinctiveness)
Even if your mark starts off looking ornamental, you can still prove that consumers recognize it as your brand.
🔹 How to prove it?
Advertising campaigns
High sales figures
Social media presence
Consumer recognition surveys
4. File Your Trademark in Multiple Classes
Sometimes, filing in a different trademark class can help secure protection.
✅ Example: Harley-Davidson secured trademarks for motorcycles before extending protection to apparel.
🔍 Common Questions About Ornamental Use in Trademarks
1. What Happens If My Trademark Is Rejected for Ornamental Use?
If your application is denied, you can:
🔹 Amend your application to show non-ornamental use.
🔹 File under Section 2(f), proving secondary meaning.
🔹 File in a different class where the mark functions as a source identifier.
2. Can I Still Use a Phrase or Logo If It’s Considered Ornamental?
Yes! But without trademark protection, you won’t be able to stop others from using it.
🚀 Final Takeaway: Get It Right or Risk Losing Your Brand
Trademarking isn’t just about owning a phrase or logo—it’s about protecting your brand. If the USPTO sees your mark as decorative rather than a source identifier, they’ll reject your application, leaving you open to copycats.
Don’t wait until it’s too late. Protect your brand now.
Consider trademark registration and proactive brand protection today! As an Intellectual Property attorney and a leading expert in emerging technologies, entrepreneurship, and digital commerce, I have helped over 200 clients protect their trademarks and navigate the complex legal landscape—contact me today to safeguard your brand!
Pablo Segarra, Esq. Book a free consult today.
