Q: can you trademark the great lakes silhouette?
I was selling a sticker of the great lakes of Michigan silhouette and was informed that i was violating a trademark.
Didn't think that you could trademark the great lakes silhouette.
A:
Maybe. The full answer depends on whether the USPTO considers the mark to be geographically descriptive, or whether that silhouette has been altered in a way that makes it more unique, such as incorporating other graphics, altering the outlines (e.g. stylized edges), incorporating lettering, etc. For example, look at trademark registration no. 4885070 by searching for it on TESS (http://tmsearch.uspto.gov).
Now, if a graphic/logo has acquired "secondary meaning," then it might be eligible for trademark protection. If the person who informed you that you might be violating a trademark has secured a federal registration, and your sticker is similar, then the next question is whether there is likelihood of confusion. Without likelihood of confusion in the market, the person claiming you are infringing may not have a case.
If you have received a formal cease and desist letter, consult a trademark attorney.
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