Do I have to trademark or copyright each design that I put on a piece of clothing?

In general, designs on t-shirts and other types of clothing are considered ornamental and not amenable to trademark protection. There are some exceptions depending upon how the design is used/presented. It would probably be overkill to try and register each design as a trademark. On the other hand, the logo that you are considering using with your brand name could likely be trademarked and it would not be a bad idea to register that as a trademark.

Designs on clothing can be more easily copyrighted because they are ornamental. Again, it might be overkill to register every design as a copyright - you might only focus on your top designs. You can probably pick and choose which ones to register. Obtaining a copyright registration is much more simple and less expensive than a trademark.

Having said all of that, your trademarks and copyrights exist from the moment of creation regardless of whether you register them. Having the registration makes proving a case against an infringer easier overall. In addition, if you want to enforce a copyright against an infringer, it is best if you registered the copyright before the infringement actually began. Doing so will make available other types of recoveries from the infringer, i.e., statutory damages and attorneys' fees.

It is possible for you to register both trademarks and copyrights on your own. However, consulting with an attorney would be helpful in obtaining either registration, particularly the trademark.

Good luck!

Just a clarification on Attorney DiNardo's response.

A trademark is an indicator of goods or services. It sounds like the logo that you're discussing is intended as that kind of source indicator (for example, the Nike "swoosh"), and trademark is the correct form of intellectual property protection.

Trademarks *can* be federally registered, which I'd recommend since a valid registration gives you exclusive rights to use that mark for your kind of goods and services throughout the US. You may have regional rights (depending on your state's laws) without registration, but if you plan on doing business beyond your immediate area, registration with the USPTO is a great idea.

Other designs may be merely decorative and not serving as an indicator of where the clothing comes from. Those sorts of works would be, as Attorney DiNardo suggests, protected by copyright.

When in doubt, consult with an IP attorney to make sure that all of your intellectual property rights are protected!

-------------------D-I-S-C-L-A-I-M-E-R------------------
This reply is not and should never be considered
"legal advice." If you need legal advice, consult
a licensed attorney in your state to make sure you
understand both your state and federal laws concerning
your issue. Your attorney will need specific and
complete facts to provide you with legal advice.

No attorney-client relationship has been created by this reply.

Speaking to the second part of your question: whether or not you need to trademark and/or copyright every design you make, the answer is a strategic and cost/benefit one. Ideally, you would file a copyright registration for each design placed on the clothing, as copyrights are very affordable and can be filed online now. Bear in mind that you would not even be able to sue someone for infringing your design copyright without a copyright registration, so their utility is not up for debate.

A trademark on the other hand is not as affordable and should only be filed with those designs that you actively use to identify the business. For example, Baby Phat's cat is the only real design trademark they use, not their other designs--this is because it is costly to have multiple brand names and designs and it is generally advisable to have a few strong brand names as opposed to many that may compete with each other for mindshare.

If you filed your trademark registration yourself, I would make sure that you properly filed in the right class and that when the USPTO comes back to you with an "office action" (a procedure where they ask to you clarify your filing and sometimes make changes) that you are prepared. Finally, keep in mind that a trademark registration is not a blanket bar against anyone else using the same brand name. It really generally extends only to those in the same business and product space as yourself.

I hope this helps.

Disclaimer: This answer is for informational purposes only and does not constitute general or specific legal advice, nor create an attorney client relationship.