Emoticons have copyright and can apply for copyright protection. As long as they are used for profit, it is an infringement.

If you use an existing emoticon package to register a trademark, it will infringe the copyright of the original author of the emoticon package. If you are the original author, you can apply for registration.

However, emoticons generally do not need to be used as trademarks. Just register for copyright.

Emoji packages are copyrighted, and they are recognized as computer software works or fine art works, depending on the situation.

If it is recognized as a computer software work; if it is recognized as an art work, it will be protected by the Copyright Law and other relevant laws.

Designers should apply for copyright registration in a timely manner after completing their creations, and learn to use the law to protect their own rights and interests when appropriate.