In general, because of international copyright laws, you have to abide by the laws of where you took the photo as well as the laws applying to where you're putting the photo (Florida, USA).  Otherwise you, and possibly Wikimedia, are in some trouble.

As to the trademark question, while I don't think we should be hosting trademarked logos on Commons, I don't think we have or should have a blanket ban on anything that contains something that may be trademarked.  As others have pointed out, most trademarks are very specific about what they protect, and it's very hard to avoid trademarked things in the modern world.

It's probably best to bring up a specific example if you have a current real concern, rather than a hypothetical.

-Matt