Is the yellow Smiley Face patented?

Solar2D General Questions/Discussion
#1

Can I use it in my game?  I can’t find an article stating otherwise.   

#2

Well I remember I watched a YouTube video that said it was trademark. Can’t really give you legal advice here though. Here’s a wiki page. Maybe read it? 

https://en.wikipedia.org/wiki/Smiley

#3

Well I remember I watched a YouTube video that said it was trademark. Can’t really give you legal advice here though. Here’s a wiki page. Maybe read it? 

https://en.wikipedia.org/wiki/Smiley