South Lake Tahoe, CA asked in Trademark and Intellectual Property for California

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!

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

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.

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