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Can an Emoji Be Registered as a Trademark?

Erik K Pelton

The following is an edited transcript of my video “Can an Emoji Also Be a Trademark?” ” Here at EMP&A, we recently had a lot of fun developing and launching our own emoji icon. to see the emoji: a smiley face with glasses featuring two ® symbols instead of eyes.

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Can an emoji also be a trademark?

Erik K Pelton

Can you register an emoji as a trademark? Erik and his team had a lot of fun recently creating their own emoji – and applying to register it. Listen to learn more about emoji trademark issues. The post Can an emoji also be a trademark?

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European IP Office Denies Trademark Registration for “I Love You” Emoji ?

Technology & Marketing Law Blog

The EU IPO denied a trademark registration for the following symbol in various real estate-related classes: The trademark examiner determined that the symbol means “I love you” in American Sign Language (ASL). First, the search query is “i love you sign emoji,” which is the Unicode title for the symbol.

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If the Word “Emoji” is a Protectable Trademark, What Happens Next?–Emoji GmbH v. Schedule A Defendants

Technology & Marketing Law Blog

GmbH has registered trademarks in the dictionary word “Emoji.” As I previously documented , Emojico has likely sued about 10,000 defendants for trademark infringement. ” (Raise your hand if you’ve ever seen Emojico-branded patient safety restraints). The court says it. The court says it.

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Apple Defeats Copyright Lawsuit Over Emoji Depictions–Cub Club v. Apple

Technology & Marketing Law Blog

The court summarizes the case: Cub Club Investment created an app that allowed people to send racially diverse emoji. Both emoji sets obviously riff on the same theme, but that type of overlap is impossible to avoid in the emoji context. In my prior blog post, I wrote: this lawsuit could be an example of emoji trolling.

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Emoji: not a trademark for EUIPO (but a contract agreement for a Canadian Court)

The IPKat

According to the decision of 1 st June 2023 ( original German version and English machine translation ) by the Board of Appeal (BoA) of the EUIPO, the emoji meaning “I love you” cannot constitute a trade mark. The main function of an emoji is to give emotional indications that are otherwise lacking in animated entertainment.

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Trademarking Gestures: Usain Bolt’s Trademark of Iconic Pose

IPilogue

You may recall Usain Bolt’s subtle but impactful tweet on August 23, 2022, adding a trademark emoji to his iconic quote, “To the World”. That tweet spoke to his trademark of his iconic “lightning” celebration pose, indicating Bolt’s possible plans to create merchandise using his iconic celebrity power and image.