Q: Is it possible to trademark an image of a geographic place (such as a US state or city) with a heart (♥) on it?
I recently created a basic outline of my city (by tracing a map) and put a simple heart on it. But then someone told me they have a trademark on that design.
That seemed odd to me, because it's a very basic/uncreative combination. And I wondered what would prevent someone from trademarking/owning outlines of every US state/city/country/etc with hearts on them? Can one put a ♥ on an image of anything, and then trademark it so that nobody else can do so?
Any input would be appreciated!
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A: Trademarking an image of a geographic place with a heart (♥) can be complex. Trademarks are usually granted to distinctive symbols that identify the source of goods or services. While a basic combination like an outline of a city with a heart may seem simple, it's important to consult with an intellectual property attorney. They can assess your design's eligibility for trademark protection based on its uniqueness and ability to identify the source. It's also worth noting that if someone already has a trademark for a similar design, they may have exclusive rights to it.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
