A typeface is a set of letters, numbers, or other characters with repeating design elements that is intended to be used in composing text or other combinations of characters, including calligraphy.
Font refers to a set of printable or displayable typography or text characters in a specific style and size.
Copyright
As a general rule, typeface, typefont, lettering, calligraphy, and typographic ornamentation are not registrable under copyright law. 37 C.F.R. § 202.1(a), (e). This is true regardless of how novel and creative the shape and form of the typeface characters may be.
There are some very limited cases where the Office may register some types of typeface, typefont, lettering, or calligraphy, such as the following:
- Pictorial or graphic elements that are incorporated into uncopyrightable characters or used to represent an entire letter or number may be registrable. Examples include original pictorial art that forms the entire body or shape of the typeface characters, such as a representation of an oak tree, a rose, or a giraffe that is depicted in the shape of a particular letter.
- Typeface ornamentation that is separable from the typeface characters is almost always an add-on to the beginning and/or ending of the characters. To the extent that such flourishes, swirls, vector ornaments, scrollwork, borders and frames, wreaths, and the like represent works of pictorial or graphic authorship in either their individual designs or patterned repetitions, they may be protected by copyright. However, the mere use of text effects (including chalk, popup papercraft, neon, beer glass, spooky-fog, and weathered-and-worn), while potentially separable, is de minimis and not sufficient to support a registration.
Trademarks
A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services.
A font can be trademarked when it is used in a trademark, as part of a name, logo, or slogan used to brand products and services.
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