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Question
Can this smile symbol : ) be used on a product and if so, is there a way to protect it's use for that one product?
Thank you and please ignore the m at the end of Arlene; my computer would not allow me to delete it!
I'm not an attorney, but I've spent years of doing logos, many of which I've copyrighted. If integrated into the identity in a way that is completely unique, I believe it might be eligible for a copyright, but this comes down to examiners who make that call. Until they've had their 6-9 months to determine this, you wouldn't know. This image is built with alphabet characters, and under copyright law, no letterforms are copyrightable as they belong to a universal public use system. And the smiley face is hardly unique. Walmart has probably trademarked or registered their version, but it wouldn't earn a copyright because it is common. I would say in all likelihood it wouldn't be eligible, unless you have some way that no one has ever used before.
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| Rating(1-10) | Knowledgeability = 10 | Clarity of Response = 10 | Politeness = 10 |
| Comment | Thank you SO MUCH. You have given me reason to think I was correct!! We are using this : ) on the ankle of a sock you might see soon. Thanks again | ||
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Maggie Macnab
Expertise
Specializing in strategic visual communication with an emphasis on identity design and branding. Our unique approach of integrating symbolic information into our work creates visually effective, accessible communications.
Experience
Macnab Design Visual Communication is an internationally recognized design consultancy specializing in logo design and corporate identity
development. In business since 1981, Macnab Design had early success winning the national ADDY award for logo design in 1983, and has gone on to be recognized in every major national graphic design publication as well as international publications for excellence in logo design, corporate idenity development and graphic design. Maggie Macnab teaches logo design and 'symbols as visual literacy for designers' at the University of New Mexico and is past president of the Communication Artists of New Mexico.
Publications
Articles can be accessed at http://www.macnabdesign.com/articles.html
Portfolio can be accessed at http://www.macnabdesign.com/portfolio/index.html
Awards and Honors
Work published in:
Communication Arts Magazine
Graphis
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numerous "coffee table" graphic design hardbacks
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