App icons may be tiny, but they carry enormous brand significance. As the digital storefront of any application, they’re often the first and most frequent point of contact between users and brands. In this episode, Zeeger Vink and Maria Boicova-Wynants argue that app icons have evolved from aesthetic elements into core assets that deserve strategic legal protection.

The Legal Value of Distinctiveness

One of the most important takeaways from the discussion is the necessity of distinctiveness. Generic icons—like a blue square with a white letter—are virtually impossible to protect. Trademark law requires that an icon uniquely identify a brand and distinguish it from others. Vink calls the overuse of initials a “legal trap” because it makes enforcement difficult and weakens brand identity.

Colour and Category: A Risky Overlap

Colour choices aren’t just a matter of design—they can be legal landmines. If an app uses category-associated colours (e.g., blue for social media), it risks confusing users and infringing on well-known trademarks. Strategic use of colour that avoids category clichés can make an icon both distinctive and legally defensible.

Functionality: The Hidden Challenge

Trademark offices also reject icons that are merely functional. An icon that visually represents what the app does—like a microphone for a voice recording app—may be deemed too descriptive. The law demands that trademarks serve as brand identifiers, not as user instructions or interface elements.

Trademark Registration Is Possible—With Planning

Yes, app icons can be registered as trademarks. Famous examples include Snapchat’s ghost and Instagram’s camera. However, the process requires more than simply submitting an image. The application must demonstrate that the icon is distinctive, non-functional, and consistently used as a brand identifier.

Monitoring and Enforcement: A Continuous Effort

Registration is only the first step. As Vink points out, trademark protection also requires active defence. Developers must regularly monitor app stores to identify potential copycats. Tools and legal processes—like cease and desist letters—can help enforce rights, but vigilance is essential. Think of it as a game of whack-a-mole in the digital space.

The Future: Dynamic Icons and the Metaverse

As digital environments evolve, app icons are becoming more interactive and context-aware. Animated or dynamic icons, for instance, challenge traditional trademark norms. Similarly, in augmented and virtual reality platforms, the very concept of an “icon” is being redefined. Boicova-Wynants warns that the legal system may struggle to keep pace with these innovations.

Find here the digital IP Lexicon 🔗dIPlex page about IP and the Metaverse by Maria Boicova-Wynants

Best Practices for Developers and Designers

To prepare for this shifting landscape, developers should:

  • Conduct thorough trademark searches before finalizing a design
  • Avoid generic or functional iconography
  • Ensure that the icon is consistently used in branding
  • Stay informed about legal developments and precedents

Boicova-Wynans also encourages developers to connect with legal professionals early on. A well-prepared trademark strategy can prevent costly disputes and protect long-term brand equity.

A Small Icon, a Big Impact

Ultimately, this episode makes clear that app icons are not just pixels on a screen. They are powerful digital symbols that encapsulate brand identity, user experience, and competitive positioning. Protecting them isn’t just smart—it’s essential.

🎧 Listen to Episode #26 of IP Management Voice to gain strategic insights into safeguarding your app’s most visible asset in a world of increasing digital complexity