There is no single owner of every smiley face. The Smiley Company traces its branded Smiley business to Franklin Loufrani’s 1971 positive-news campaign in France; Harvey Ball is associated with a separate 1963 morale badge. Trademark claims apply to particular names or designs, in particular territories and uses—not automatically to every drawing of a smiling face.
Two histories, not one origin story
Harvey Ball’s 1963 badge
The Smiley Company’s history says that in 1963, graphic artist Harvey Ball designed a smiling-face badge for State Mutual Life Assurance Company as part of a morale campaign. This is an earlier, distinct attribution; it does not establish that Ball created every smiley image or that every later mark belongs to the same party. The Smiley Company’s account is the source for this description.
Franklin Loufrani’s 1971 brand
The Smiley Company says that in 1971, while working for the French newspaper France-Soir, Franklin Loufrani created a yellow smiling face for a campaign highlighting positive news. The company presents that campaign as the beginning of its trademarked Smiley brand and licensing business. Its account says: “In 1971, while working for the newspaper France-Soir, he became tired of the constant stream of negative news and decided to design a campaign that would highlight positive stories to readers.” This is the company’s account of its own history, not an independent legal ruling. Read the company history.
What the ownership records actually say
A USPTO Trademark Trial and Appeal Board filing describes Loufrani as creating Smiley design marks in the early 1970s, establishing a licensing business, and assigning trademark rights to TSC. A separate filing reproduces a historical US record for the word mark SMILEY: it lists Franklin Loufrani as original registrant and The Smiley Company SPRL as the last listed owner. That excerpt identifies US registration number 2801529 and a registration date of December 30, 2003. It is a historical record excerpt, not confirmation that the registration remains active today or a current audit of the company’s worldwide portfolio. The TTAB filing on design marks and assignment and the filing reproducing the SMILEY record describe particular records and history.
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#1 Best Overall
- 1000 YELLOW SMILEY STICKERS, TWO ROLLS OF 500 - 1 inch round classic yellow happy faces; keep one roll in the classroom drawer and one at home for a full school year of rewards
- MADE FOR TEACHERS - classroom incentives, behavior charts, sticker charts, homework pages, graded papers, tests and participation prizes for elementary, kindergarten and pre-k students
- WORKS AT HOME TOO - chore charts, potty training rewards, reading logs and practice charts for toddlers and preschoolers; the classic smiley every kid recognizes instantly
- EASY PEEL, KID-FRIENDLY - stickers release cleanly from the roll with smooth edges and no sticky residue; small hands can peel and place them without tearing the sticker
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There is also a separate Harvey Ball-related claim. The Harvey Ball World Smile Foundation says the Harvey Ball Smiley Face is a registered trademark and identifies Harvey Ball Smile Limited as its licensing arm. That is the foundation’s statement about its mark; it should not be collapsed into the Smiley Company’s claims about its own brand. The foundation’s About page explains its position.
Why “Who owns the smiley face?” has no single answer
The question can refer to different things: the general idea of a happy face, a specific graphic, the word mark “SMILEY,” or a branded logo on a product. The answer can change with the country, the goods or services involved, and whether the issue is trademark, copyright, or a licensing permission. The records and statements above concern identified marks and parties; they do not establish that one entity owns every generic depiction of a smiling face worldwide.
Rank #2
- 1000 SMILEY REWARD STICKERS, TWO ROLLS OF 500 - 1 inch round happy faces in bright assorted colors; keep one roll in the classroom drawer and one at home for a full school year of rewards
- MADE FOR TEACHERS - classroom incentives, behavior charts, sticker charts, homework pages, graded papers, tests and participation prizes for elementary, kindergarten and pre-k students
- WORKS AT HOME TOO - chore charts, potty training rewards, reading logs and practice charts for toddlers and preschoolers; a smile that motivates without candy or plastic prizes
- EASY PEEL, KID-FRIENDLY - stickers release cleanly from the roll with smooth edges and no sticky residue; small hands can peel and place them without tearing the sticker
- PART OF THE IBAKE REWARD FAMILY - pair with IBAKE gold star, glitter star and glitter smiley rolls to build a full reward system; bright color that stays vivid on paper, folders and charts
| What you mean | What the available sources support |
|---|---|
| Smiley brand and Loufrani’s campaign | The Smiley Company dates its brand history to Loufrani’s 1971 France-Soir campaign. The company’s account is not itself an independent legal ruling. |
| Particular US design or word mark | USPTO TTAB filings describe specific marks, assignment history, and a reproduced historical record; they do not establish current status for every registration. |
| Harvey Ball Smiley Face | The Harvey Ball World Smile Foundation says this is a registered trademark and identifies Harvey Ball Smile Limited as its licensing arm. |
| Any smiling-face drawing | The reviewed sources do not establish a universal owner of every smiling-face image. |
Can you use a smiley face commercially?
Do not assume either that all smiley images are controlled by one company or that any use is automatically clear. The Smiley Company says its portfolio includes trademarks and copyrights covering its designs, and that its legal department handles certain film, television, media, and art clearances. That statement concerns the company’s portfolio and permissions process; it does not show that every simple smiling face needs its permission. The company’s Brand Protection page describes its approach.
- Identify the exact asset. A familiar branded logo, a particular artwork, and a simple face you drew yourself may raise different questions.
- Identify the use and territory. Merchandise, advertising, editorial illustration, and a film or television appearance are not interchangeable contexts, and trademark rights are territorial.
- Check current records and permissions. The USPTO directs users to its Trademark Status and Document Retrieval system (TSDR) to check status and view documents. For a particular mark, review the current record and relevant national register; for a brand asset or clearance, consult the relevant rights holder. The USPTO filing is a historical excerpt, not a substitute for a current status check.
The Smiley Company’s own explainer distinguishes its SMILEY marks from the broader happy-face concept. Smiley® vs Happy Face and its discussion of Harvey Ball provide the company’s perspective; because these are interested-party sources, treat them as attributed accounts rather than neutral legal decisions.
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Best Value
- You get: 50PCS Smile Glitter Stickers, no duplicates, cute stickers size 2.12 inch. Different combinations will give you different visual effects. It's a fun experience
- Safe Material: Stickers are made of double-layer high quality PVC material, waterproof, dustproof and sunproof, 100% new HD printing is not easy to fade, and can be repeatedly pasted and peeled off when used correctly
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- Best Gift: Our cute stickers are designed for children and girls. Fantastic gift solutions for girls (teens) and women. Our sticker packs have been carefully selected without unhealthy content. You can rest assured that these stickers are suitable for children
Rank #4
- You get: 50PCS Smile Face Stickers, no duplicates, cute stickers size 2.12 inch. Different combinations will give you different visual effects. It's a fun experience
- Safe Material: Stickers are made of double-layer high quality PVC material, waterproof, dustproof and sunproof, 100% new HD printing is not easy to fade, and can be repeatedly pasted and peeled off when used correctly
- Easy to use: Each sticker is perfectly cut according to shape and size, the edges are very smooth, remove the adhesive on the back and use it directly, No permanent residue left when removed
- Widely used: The application range is very wide. Decorate laptops, water bottles, scrapbooks, mirrors, mac notebooks, notebooks, journals, luggage, skateboards, snowboards, refrigerators, closets, walls, guitars, bikes, cars, and anything you can imagine
- Best Gift: Our cute stickers are designed for children and girls. Fantastic gift solutions for girls (teens) and women. Our sticker packs have been carefully selected without unhealthy content. You can rest assured that these stickers are suitable for children
Rank #3
- ❤ round happy Face dots sticker.
- ❤ 500 pieces Permanent Adhesive paper labels per roll.
- ❤ Bringing Joy to people, good for class, party, reward.
- ❤ Children could wear them on their hands or cloths, NON-TOXIC.
- ❤ Plus a Few Extra Labels Since You May Lose Some When Opening the Roll.
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