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It depends upon the emblem, the use, and the product (among other things), but many products have distinctive emblems that are absolutely protected by a variety of state, federal and international laws.

In fact, the mere "use in commerce" of a distinctive emblem "in association with a product" in the United States may give you statutory (and common law) trademark rights under state laws, and statutory rights under Federal Laws (e.g., "Lanham Act"), which may be used to prevent others from later using a "confusingly similar" emblem.

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17y ago

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