Can You Trademark a Building?
You can trademark the name of a building provided that the building’s name is an important factor in your brand identity.
For example, the “CHRYSLER BUILDING” is a registered trademark in both name and image. If you are using the building’s name to market goods or services (such as real estate leasing services), it is advisable to register for a trademark.
You may also trademark the image of the building so long as you are using the building’s image to brand your goods or services. In order for you to trademark the appearance of a building, it must be visually distinct enough to avoid confusion or comparison to other current buildings. Architectural works are protected under intellectual property law, thus preventing any building from being imitated or replicated. Trademarking the building’s design will prevent the unauthorized use of its image for commercial gain, but will not prevent tourists from taking pictures of the building.
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About the Author
Xavier Morales, Esq.
Mr. Morales founded his trademark law practice in January 2007 with the goal of providing intellectual property expertise to entrepreneurs and businesses around the country. Since then, he has filed more than 6,000 trademarks with the USPTO. You can learn more about Xavier here.