Can I Trademark a Hand Gesture?
No—but there are exceptions.
Under no circumstances will the United States Patent and Trademark Office allow you to trademark a hand gesture by itself since it would be impossible to enforce since just about anyone is capable of making all sorts of hand gestures and there are few (if any) ways to use a particular hand gesture to brand your products or services. If the Vulcan Salute from Star Trek can’t be trademarked, no hand gesture can be. However, a particular hand gesture can be incorporated into a logo, and that logo can be trademarked as long as you are using it to brand your goods and services.
If you are interested in creating a logo that contains a hand gesture, contact us today to speak with trademark attorney Eric Norton to discuss the importance of conducting a thorough clearance search to ensure nobody else is using a similar logo.