Is a highway sign trademarked or pattened

It depends on what highway sign(s) you are considering. But most likely, the sign(s) is (are) trademarked by the respective government entities. For examples, "CHP" is owned by the California Highway Patrol and "Metrolink" is owned by Southern California Regional Rail Authority. You can find out by doing a trademark search at www.uspto.gov or you can contact the City / County / State attorneys and speak with the trademark or possibly procurement office. You may be able to pay a royalty to use it. However, you should consult an IP attorney because maybe you can still use the sign if there would be no likelihood of confusion between your webstie and CalTrans, etc. DISCLAIMER – No legal representation is being sought by the response to this question. Please note that this answer is for informational purposes only and does not constitute legal advice. An attorney should be consulted for more in depth legal advice as more facts and information are necessary. No attorney-client relationship is hereby intended. However, if you have additional questions concerning this matter you may reach Dominique N. Thieu, Esq., by: phone 714.435.9500 or e-mail me [email protected], THIEU VIRTUAL LAW GROUP, 17150 Newhope Street, Suite 213, Fountain Valley, CA 92708.

Patent protection may be available for a new and unique road barrier, sign or the like, including a method of manufacturing such a sign. If the manufacturer uses a trademark associated with the sale and marketing of such a sign, that mark may be protected in some way (common law, federal registration or state registration). It is possible that the coloring and shape of a particular sign may have achieved trademark protection (this is a very complex legal question). In any case you should begin with conducting a search. I agree with my colleague, you should consult an intellectual property attorney to cover all your bases before investing a significant sun of money in this endeavor. Disclaimer: This answer does not establish an attorney-client relationship and does not constitute legal advice. It is for general information purposes only.

I respectfully disagree with Attorneys Thieu and Shape: Highway signs are NOT used by governments to brand goods or services and none, therefore, serve [in their roadside information-providing capacity] as a trademark – so, no, highway signs are most certainly NOT “trademarked by the respective government agencies.” Moreover, a highway sign is not protectable under patent law [design or utility]. While the method of manufacturing a highway sign may be patentable [though that is very, very unlikely] you have no intention of manufacturing highway signs so that concern is irrelevant. Designs that look like highway signs are routinely used by private companies as trademarks. Some “highway sign” designs that are currently federally registered trademarks are here: http://j.mp/9Nksh7 . Before you adopt ANY design, logo, word, or phrase as a trademark to brand your goods or services you need to speak with a trademark attorney to “clear the rights” to use whatever it is that you want to use. Good luck.

Further on Daniel Ballard's response: Recently, some state and local governments have decided to protect and market particular street and highway signs. So, is some instances, public signs may be protected by trademark registrations. Here is an example: http://www.beverlyhillschamber.com/general.asp?id=597 . Beverly Hills enforces its claim to the trademark of the distinctive "Beverly Hills" shield. One of their trademark registrations is No. 2768789. I suggest searching for U.S. trademark registrations at www.uspto.gov or the link that Mr. Ballard provided. In addition, get a lawyer. Because this is not legal advice nor even a decent substitute.