Very few symbols have established themselves across the entire cultural consciousness. Emoticons are arguably one of them. Using typeset symbols to create emotions [e.g., 🙂 for a smiley face], could date to 1648. Emojis are the clear successor to basic punctuation-based representations. This is why most people are surprised to learn that someone owns the emoji trademark.

Even more surprising, many brands have gotten into big trouble for using the word to advertise their emoji-related products. The company that owns the term – Emoji Co. GmbH – has filed various trademark infringement claims against those who use the word. In fact, they submitted a new filing to the U.S. Patent and Trademark Office (USPTO) just before Thanksgiving Day 2025.

Bicycle Company Targeted With Emoji Trademark Claim

On February 23, 2020, Movingetc, LLC submitted a trademark application for the term “iMoji.” The company sought exclusive use of the word for electrical adapters, cables, plugs, and headphones. While the terms “iMoji” and “emoji” might be spelled differently, they sound the same when spoken aloud. This would open the door for trademark litigation.

Because of this potential issue, Emoji Co. GmbH filed a trademark opposition on November 26, 2025. However, there are many questions related to this case. For instance, most trademark infringement claims must show that consumers are likely to confuse the source of products or services.

One must question whether a likelihood of confusion would truly exist between small characters conveying emotions and a line of headphones or electric cables. However, the opposition filing also claims that the famous emoji trademark may become less distinctive if the USPTO grants the iMoji application. Interestingly, this case raises even more intriguing issues than these.

A History of Litigation

You may be asking why the brand that owns the word “emoji” would target a company that doesn’t even appear to use the small pictograms. The reasoning becomes more obvious once you know that – in addition to licensing their intellectual property to Sony Pictures and Nestlé – Emoji Co. GmbH also has its name on medical foot cushions and patient safety restraints.

Put simply, the brand has built an empire across many industries – and it has the backing of major corporations. However, it’s interesting to see how the brand pulled this off. It’s reported that they’ve sued at least 10,000 defendants over simply using the word “emoji” in product titles and descriptions. In many cases, these claims targeted Amazon sellers who were merely describing a trait of their product.

While Emoji Co. GmbH owns several unique emojis, it can’t claim ownership over all emotion-based pictographs. Courts ruled in many cases that infringement was not willful, and they seem to indicate that the word was merely descriptive in its use. Still, the defendants often didn’t respond to court filings – meaning Emoji Co. received default judgments in their favor.

What Happens Now?

There are many unanswered questions involved in this case. Several exist because defendants have rarely chosen to fight the global Emoji Co. GmbH brand. However, this time may be different. Movingetc, LLC spent more than five years trying to get its application approved.  They seem unlikely to just give up.

If Movingetc, LLC decides to fight back, they have until January 25, 2026, to file an answer with the Trademark Trial and Appeal Board (TTAB). The brand might claim that the emoji trademark is generic, and thus not eligible for protection. They could also argue that no confusion or loss of distinctiveness would occur if registration were granted.