Can You Trademark a Highway Sign?
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Highway signs for famous roadways are increasingly popping up on a variety of consumer merchandise from home décor to t-shirts. But can companies who use these logos obtain trademark protection?
According to the Attorney General of Michigan (and many other legal experts), the answer is no. AG Bill Schuette recently issued a legal opinion concluding that the highway sign logos are public property and cannot be “commandeered” for private use.
“Because the State of Michigan, the creator of the design, placed the Michigan highway route marker design in the public domain, no entity can lawfully obtain intellectual property protection of the design under trademark or copyright law,” Schuette explained.
“The fact that they have appropriated the design from the public domain and affixed it to merchandise does not create a legitimate basis for trademark protection,” he added.
As reported by the Detroit Free Press, the legal opinion was pursued trademarks with the U.S. Patent and Trademark Office for road sign logos for two of the state’s most scenic roadways, M-22, which runs along the shore of lake Michigan, and M-119, a 20-mile drive known as the “Tunnel of Trees.” Both businesses were threatening legal action against other merchants that used the highway logos.
ABOUT THE AUTHOR: Jeffrey G. Sheldon
Jeffrey G. Sheldon is the founding partner of Sheldon Mak & Anderson, a leading West Coast Intellectual Property law firm with main offices in Pasadena, California. Mr. Sheldon is a summa cum laude graduate of Loyola Law School. He has a Bachelor’s of Science Degree in Chemical Engineering from the Carnegie Institute of Technology, and a Master’s of Science Degree in Biomedical Engineering from the University of Strathclyde, Glasgow, Scotland. His studies in Scotland resulted from receiving the prestigious Marshall Scholarship from the United Kingdom government. Mr. Sheldon has been litigating intellectual property issues and prosecuting patent, trademark, and copyright applications since 1975.
Copyright Sheldon Mak & Anderson PC
More information about Sheldon Mak & Anderson PC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
“Because the State of Michigan, the creator of the design, placed the Michigan highway route marker design in the public domain, no entity can lawfully obtain intellectual property protection of the design under trademark or copyright law,” Schuette explained.
“The fact that they have appropriated the design from the public domain and affixed it to merchandise does not create a legitimate basis for trademark protection,” he added.
As reported by the Detroit Free Press, the legal opinion was pursued trademarks with the U.S. Patent and Trademark Office for road sign logos for two of the state’s most scenic roadways, M-22, which runs along the shore of lake Michigan, and M-119, a 20-mile drive known as the “Tunnel of Trees.” Both businesses were threatening legal action against other merchants that used the highway logos.
ABOUT THE AUTHOR: Jeffrey G. Sheldon
Jeffrey G. Sheldon is the founding partner of Sheldon Mak & Anderson, a leading West Coast Intellectual Property law firm with main offices in Pasadena, California. Mr. Sheldon is a summa cum laude graduate of Loyola Law School. He has a Bachelor’s of Science Degree in Chemical Engineering from the Carnegie Institute of Technology, and a Master’s of Science Degree in Biomedical Engineering from the University of Strathclyde, Glasgow, Scotland. His studies in Scotland resulted from receiving the prestigious Marshall Scholarship from the United Kingdom government. Mr. Sheldon has been litigating intellectual property issues and prosecuting patent, trademark, and copyright applications since 1975.
Copyright Sheldon Mak & Anderson PC
More information about Sheldon Mak & Anderson PC
View all articles published by Sheldon Mak & Anderson PC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
