Is the Cicada 3301 Cicada Drawing Trademarked?
If you’re asking “is the Cicada 3301 cicada drawing trademarked?”, you’re probably considering using the symbol for a brand, product, NFT, clothing line, or digital project.
It’s an intriguing image. Mysterious. Cryptic. Instantly recognisable to certain online communities.
But here’s the key question: Can you legally use it in business?
In this guide, we’ll break down what the Cicada 3301 symbol is, whether it’s protected by trademark or copyright, and what founders and entrepreneurs need to know before using it commercially.
What Is Cicada 3301?
Cicada 3301 emerged online in 2012 as a mysterious group that posted complex cryptographic puzzles. These puzzles appeared on forums such as 4chan and later spread across the internet.
Participants were challenged with:
Advanced cryptography
Steganography
Literature references
Code-breaking
Real-world clues
The symbol most associated with the group is a minimalist black-and-white cicada drawing. This illustration became iconic within cybersecurity and puzzle-solving communities.
Over time, the cicada image became synonymous with:
Mystery and anonymity
High-level intelligence challenges
Underground digital culture
Which leads to the legal question: Is the cicada drawing protected?
Is the Cicada 3301 Cicada Drawing Trademarked?
The short answer: There is no widely recognised, active global trademark registration clearly owned by an official Cicada 3301 entity for the original drawing in mainstream trademark databases.
However, that does not automatically mean it’s free to use.
There are three major legal considerations:
1. Trademark Law
A trademark protects a symbol when it is used in commerce to identify goods or services.
To determine whether the cicada drawing is trademarked, you would need to:
Search national trademark databases (e.g. UKIPO, EUIPO, USPTO)
Check for figurative/logo marks
Look for similar stylised cicada illustrations
Even if the original group never registered it, someone else may have applied for a similar mark later — especially in areas like:
Clothing (Class 25)
Digital goods / NFTs (Class 9)
Entertainment services (Class 41)
Trademark rights are territorial and class-specific. So the answer may differ depending on country and usage.
2. Copyright Protection
Even if it’s not trademarked, the cicada drawing is almost certainly protected by copyright.
Copyright arises automatically when an original artistic work is created.
That means:
The creator of the drawing owns the copyright
You cannot reproduce it commercially without permission
Modifying it slightly does not necessarily avoid infringement
Unlike trademarks, copyright does not require registration in the UK to exist.
This is often where entrepreneurs get caught out.
3. Passing Off & Unregistered Rights
Even without a registered trademark, a party can claim rights if:
The symbol has acquired goodwill
The public associates it with a specific source
Your use creates confusion
Given the cultural recognition of Cicada 3301, using the drawing for branding could risk a passing off claim — especially if positioned around mystery, puzzles, or cryptography.
Why This Matters for Businesses
If you’re building:
A cybersecurity brand
A puzzle-based game
A tech clothing line
A digital art project
A Web3 or NFT collection
You may be tempted to use the cicada symbol for its mystique.
But here’s the risk:
Using a culturally iconic symbol without clearance can lead to:
Legal takedown notices
Platform removal (Etsy, Amazon, Shopify)
Account suspension
Rebranding costs
Investor red flags
And in early-stage startups, a forced rebrand can be expensive and damaging.
Practical Example: Clothing Brand Scenario
Let’s say you launch a hoodie brand using the cicada drawing.
You start selling online. It gains traction.
Six months later:
A rights holder claims copyright infringement
Your listings are removed
Your payment processor freezes funds
Even if you believe the image is “public domain,” unless you have clear legal confirmation, you are exposed to risk.
Can You Use a Modified Version?
Many founders ask:
“What if I redesign it slightly?”
Be careful.
If the new version is still recognisable as the Cicada 3301 symbol, it could still infringe copyright or create confusion under trademark law.
Courts assess:
Overall visual impression
Likelihood of confusion
Degree of originality
Minor tweaks rarely solve the issue.
Safer Alternatives for Entrepreneurs
If you love the concept of a cicada symbol, consider:
1. Commissioning an Original Illustration
Create a completely new cicada design with:
Distinct artistic style
Unique line work
Different composition
Then you can register it as your own trademark.
2. Conducting a Professional Trademark Search
Before launching:
Search for figurative marks
Check related classes
Review similar insect logos
This reduces your risk significantly.
3. Building Your Own Symbol
Instead of borrowing internet folklore, create:
A unique puzzle concept
A fresh brand narrative
A distinctive logo
Long-term brand value comes from originality.
FAQs: Is the Cicada 3301 Cicada Drawing Trademarked?
Is the Cicada 3301 logo registered in the UK?
There is no widely publicised official UK registration clearly owned by the original group. However, similar or derivative marks may exist. A formal search is always recommended.
Is the Cicada 3301 drawing copyrighted?
Yes. As an original artistic work, it is almost certainly protected by copyright, regardless of trademark status.
Can I sell merchandise with the Cicada 3301 symbol?
Selling merchandise without permission is risky and could lead to copyright infringement claims.
What if no one owns it officially?
Even if ownership is unclear, copyright still exists unless proven otherwise. “Unknown creator” does not mean public domain.
Is Cicada 3301 a company?
Cicada 3301 is widely considered an anonymous collective or project rather than a registered commercial company.
Final Verdict: Should You Use It?
If you’re asking “Is the Cicada 3301 cicada drawing trademarked?”, the better question is:
Is it safe to build a business around it?
From a brand protection perspective, the answer is:
Proceed with caution.
Even if there is no obvious trademark registration, copyright protection and potential goodwill issues make commercial use legally risky.
As a founder, your energy is better spent building something defensible and uniquely yours.
Need Help Protecting Your Own Brand?
If you're launching a new brand, product, or digital venture, make sure your logo and name are:
Legally available
Properly registered
Strategically protected
Getting this right early saves time, money, and stress later.
When in doubt, invest in a proper clearance search before you print, publish, or launch.