By Michael Kondoudis, Small Business Trademark Attorney
This is our easy guide to trademarking a font and “can you trademark a font?”
Using fonts to distinguish your company, products, and services is an effective way to stand out from the crowd. But, can you trademark a font?
If you want to quickly:
- Understand what a trademark is
- Learn whether you can use a font in a trademark
- Figure out if you can you trademark a font
- Learn how to protect a font
- Understand when trademark law protects fonts
Then this guide is for you.
Let’s jump in!
What is a Trademark?
Trademarks are a type of intellectual property protection used to safeguard brands. The most popular trademarks are words, phrases/slogans, and logos. The sole purpose of trademarks and trademark law is to prevent consumer confusion.
What is a Font?
In contrast to trademarks, fonts are practical ways to convey information. Also, because there are many thousands of fonts, it is unlikely that consumers would consider any one font so distinctive as to associate it with a brand. Thus, a font by itself cannot be trademarked.
Can You Use a Font in a Trademark?
Yes, you can use a font in a trademark. Using a font in a trademark is a great way to enhance the distinctiveness of a trademark, make it stand out, and prevent anyone else from using a similar font without your permission. Plus, your trademark font can convey your brand values and personality. Including a font in a trademark is permitted. If you want to set your business apart from the competition, using an original font in your trademark can be a great way to do it.
Pro Tip: Use an original font for even more distinction.
Can I Use Any Font for My Business Logo?
Yes, you can use any font. Most fonts are in the public domain or come with a free license.
When selecting a font for a logo, it’s important to choose one that is easy to read, and that will be legible when scaled down or printed in a smaller size. A well-chosen font can also help create a more recognizable and memorable brand.
Some popular fonts for logos include Helvetica, Arial, and Times New Roman. When selecting a font, it’s important to consider how easy it is to read in different sizes and media. For example, a thin or delicate font may be difficult to read when printed on a business card or sign.
When it comes to branding, a well-chosen font can be a powerful tool. By carefully considering a font’s readability, tone, and scalability, you can create a distinctive and memorable logo.
Pro Tip: If you are using a custom font for your trademark, make sure that you have a license for commercial use.
Can You Trademark a Font?
No, you cannot trademark a font. A font by itself does not qualify for trademark protection because it is functional. A font by itself does not brand a product or service and does not prevent consumer confusion.
Do you need help with your trademark?
How Do You Protect a Font?
You protect a font by using it in a name, logo, or slogan. When you use a font in a word, logo, or slogan, it becomes a trademark font that is eligible for trademarking. The use of a font can be trademarked in several ways, even though a font by itself is not suitable for trademark protection. Many brands commonly use a distinctive trademark font in their trademark logos or other branding materials.
This begs the question – if a font is not trademarkable, how do these companies protect their trademark fonts from copying or imitation?
How Can the Use of a Font be Trademarked?
A font can be trademarked when it is used in a trademark. When a font is part of a name, logo, or slogan used to brand products and services, it can be a trademark font.
NAME
LOGO
SLOGAN
So, a font can be protected by trademark law when used to brand products or services. This means a font is eligible for trademark protection when used to brand a product or service. This means that the font, as part of a name, logo, or slogan, must signal to customers that a particular product or service comes from you.
If a font is not used to brand a product, then it cannot be trademarked and will not receive any protection from trademark law. This is why most fonts are not trademarked – they are simply not used in a way that would make them eligible for trademark protection.
How to Trademark a Font
These are the top four ways to use a font and make it eligible for trademark protection.
1. Trademark the Name of the Font. The name of a font can be trademarked. For example, the name PALATINO is a registered trademark owned by Monotype Imaging Inc for:
Fonts of typographical characters; printing fonts, namely, typefaces, type fonts and type designs of alphanumeric characters and/or typographical symbols
U.S. Trademark Reg. No. 5295873
2. Use the Font in a Trademarked Name or Logo. The name of a product or service written in a distinctive font can be trademarked. For example, the Coca-Cola Company uses a distinctive script on its cola bottles.
3. Trademark the name of the service that create fonts for others. If you design fonts for others (e.g., as a graphic designer), the service of creating fonts can be trademarked.
4. Trademark the name of software for creating fonts. If you sell a software product that can be used to create fonts, that software product can be trademarks.
Do you need help with your trademark?
Examples of Famous Trademarks That Use Fonts
COCA-COLA (in a trademark stylized font) is a famous registered trademark that includes an original font. The Coca-Cola script logo is one of the most iconic logos in the world. The logo has been around since 1886 and has barely changed since then. The simple, elegant design perfectly represents the company’s values. The timelessness of the logo is a testament to its quality.
The Coca-Cola Company has trademarked its COCA-COLA name in this stylized font. This trademark font prevents competitors from using the same or similar typeface for beverages.
BARBIE (in a stylized trademark font) is a famous registered trademark that includes an original font. The Barbie script logo is one of the most iconic logos in the world. It was created in 1959 by Ruth Handler, who named it after her daughter Barbara. The logo is simple but elegant and has remained unchanged for over 50 years.
The Mattel Toy Company has trademarked its BARBIE name in this stylized font, which prevents competitors from using the same or similar typeface for toys.
DISNEY (in a stylized trademark font) is a famous registered trademark that includes an original font. The Disney script logo is one of the world’s most iconic and well-known logos with a simple, elegant design has been used for decades. The logo was created in 1932 by Walt Disney himself and has remained essentially unchanged.
The Disney Company has trademarked its DISNEY name in this distinctive stylized font. This trademark font prevents competitors from using the same or similar typeface for a wide variety of products and services, from toys to theme parks to movies.
TIME (in a stylized trademark font) is a famous registered trademark that includes an original font and distinctive red color. It has a simple, elegant design that has been used for over 90 years. The word “TIME” is written in a very stylized font designed specifically for the magazine.
Time Inc. has trademarked its Time name in this distinctive stylized font to prevent competitors from using the same or similar typeface for electronic and print publications.
Ready to take the next step toward LEGALLY owning your font?
We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your font, we invite you to book a FREE brand protection strategy session with us here.
For more than twenty years, Michael Kondoudis has been the go-to trademarking expert for businesses of all shapes and sizes. Michael is a USPTO-licensed trademark and patent attorney, educator, speaker, and author of the Amazon best-seller: Going From Business Owner to Brand Owner. He is also an authority trusted by national news media on major trademark stories.
Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).
