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Everyone seems to be missing the interesting part here.

It's that Twitter is using a generic Monotype font letter for their brand.

Which would mean that their brand will not be able to be trademarked and thus anyone could use it to associate their dodgy product with the main site. So I wouldn't worry about Meta, Microsoft etc but about the insane number of X ripoffs we are going to see in the future e.g. X crypto coin, X bots.



Monotype Executive Creative Director Phil Garnham Executive told The Messenger in a statement that the company “can confirm that whilst it is similar, this is not the capital X glyph from Monotype’s “Special Alphabets 4.”


You've confused copyright with trademark here.


Trademarks can be word mark or a design mark.

Musk can't trademark the letter X and he can't trademark an existing font letter.


Trademarks are comprised of existing fonts all the time.


I think the "single letter" part is important here. AFAIK trademarks can't be too simple and generic. Sort of like how Intel couldn't trademark 286/386/486, so instead of 586 we got Pentium.


No, it's not important. It's just wrong, as clearly illustrated by the article we're all discussing.

Microsoft applied for, and obtained, a trademark for "x". Companies do this all the time. Companies also trademark numbers all the time. Dale Earnhardt trademarked the number "1": https://tsdr.uspto.gov/#caseNumber=75439039&caseType=SERIAL_...

Intel lost their trademark battle because they didn't attempt to register the trademark until the 486 - more than a decade after the numbers were in common use by other chip manufactures.

It has nothing to do with whether the mark is simple.


Are you sure it is the letter and not the graphic that is trademarked?


It does say "Standard Character Claim: No" which (as best I can tell from [1]) means it is the particular form of that letter[2], not the letter itself, which is trademarked.

[1] https://smallbusiness.chron.com/standard-character-claim-mea...

[2] Although it is a pretty generic "1".


The specimen on that application are clearly more than just the numeral ‘1’. There’s obviously design there. This does not appear to be equivalent.


I thought that Peugeot had a trademark on car models of the form X0Y (where X and Y were single digits), resulting in the Porsche 901 being renamed to the 911 that we now know.


Apple trademark the word Apple.


In this case the entire logo previously exists though.

I'm not sure similar cases exist but it's similar as using an old public domain logo as your own. Would that be enforceable?


Now I'm curious where the original Apple logo came from…

(And now I know: designed by Ron Wayne, so not public domain at all; and I'd forgotten about the ribbons with the text)

https://en.wikipedia.org/wiki/Marketing_of_Apple_Inc.#/media...


Of course you can.

3M, Scotch, Crate & Barrel, Lufthansa and Jeep all have legitimate trademarked word marks that consist of nothing more than their name written in Helvetica.



Which is irrelevant to whether or not they are valid as trademarks


That's a word mark... it doesn't matter what font it's in because the mark relates to the words, not a specific design of the words in display...


The word mark registers the word as a trademark.

The typographical and design treatment of the word can have separate trademark protection.

That can be true whether or not a design mark is registered.

If you started a car company called ‘Beep’ and write its name in olive green Helvetica Black, Jeep might struggle to make a case about your name’s similarity to their word mark (beep is a different word and rhyming is not a crime), but they for sure could take you to court for stealing their trade dress.


So rather than make the point that the use in helvetica is captured in the word mark (it isn't) you instead add trade dress into this??


Not in the word mark registration, sure. But registration is not the whole of trademark law is it?

‘Word mark’ is also just a term of art in graphic design referring to a logo consisting of just text - another word for logotype. Should I have said logotype instead?


It's captured in the trade dress - that's all you had to say. You don't have to say its captured in the word mark, because it isn't!


I dunno, some guy named Carl trademarked the letter X: https://tsdr.uspto.gov/#caseNumber=90595369&caseSearchType=U...

Why can’t Elon?

I’m not aware of any existing font letter exception.


A logo is a trademark


But in this case the logo is a character that existed before hand. Nothing was designed or created, an existing typeface is being used as a logo.


Trademarks don't have to be original. It's very common for a mark to be just a word or words written in a standard typeface. Perhaps you are thinking of copyrights?


People are hopelessly confused in this area, which is intentional FUD by the "intellectual property" advocates. People, even tech enthusiasts on a platform like this have no idea what the origin and purpose of 1) copyright, 2) trademarks and 3) patents are, even though they are very distinct from each other and even more distinct from the oft-imagined purpose of protecting the company's creative whatever. The overall original purpose of all these laws pointed towards the interests of the public, not the interests of some "intellectual property" owner, similar to protecting actual ownership rights.

The original purpose of trademarks is to prevent consumer confusion. That's it. It's not to protect the profits of a company. It's not to reward creativity and hard design work.

The original purpose of patents is to encourage disclosing new innovative ideas in order that others can build on top of the invention after having read the patent text (and in exchange for revealing how the innovation works, the inventor gets exclusive rights for a set time, but this is an instrument in achieving the former main purpose). Similarly, copyright incentivizes creative output. (But it only protects the actual expression, not the underlying general ideas etc.)


𝕏 - it's just Unicode


Aren’t all those "Company Name" in Helvetica trademarks?


I loved how American Airlines and Apparel both used Helvetica.

These days, the one I find shocking is Monday.com and Slack. Both have names in lowercase black Circular, their logos use pill-shaped elements in similar shades of primary colors, and they're both in the business productivity space. The branding is so close you'd swear they're sibling products like IntelliJ and CLion.


Redrawing a font design outline from scratch is fair game (fortunately or unfortunaly depending on who you are).


xHamster and many similar are already out there. Famously referenced in the How To Uninstall McAfee Antivirus vid.


Gotta give it to Elon for going into uncharted territory once again.


X WDV


Did you mean Dogey product?


[flagged]


I'm not usually one for puns here, but this one was quite apt.




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