I think that as log as the designs are not exact, they can be trademarked. Everyone is doing versions combining two images that in the public domain: The Maryland State Flag and a crab image.

Now, what really confuses me is how I can search for this like (this might not actually prove my point 100% as my PC is slow to load, but you get the idea) balloon background and come up with seemingly identical images, some watermarked/trademarked, some not. It’s frustrating.

GQ, though.

When you see a TM behind a mark or design, that just means there is intent to trademark or a trademark has been submitted for approval. It doesn’t really mean much other than warning people that they have intent on protecting their mark.

After a mark has been submitted and approved it becomes a registered trademark (r with a circle around it). Which basically means, the govt is in agreement that the mark is unique to that specific market and grants you ownership of that mark in that space. So if others came up with similar marks in that market, you would have ground to stand on in a legal battle.

Interesting trademark dispute Budweiser vis-a-vis Budweiser