1204.02 Government Insignia
1204.02(a) Designs that are Insignia Under §2(b) Must Be Refused
Flags and coats of arms are specific designs formally adopted to serve as emblems of governmental authority. The wording "other insignia" should not be interpreted broadly, but should be considered to include only those emblems and devices that also represent governmental authority and that are of the same general class and character as flags and coats of arms.
The following are insignia of the United States for purposes of §2(b):
- Great Seal of the United States
- Presidential Seal
- Seals of Government Agencies
The Trademark Trial and Appeal Board has construed the statutory language as follows:
[T]he wording "or other insignia of the United States" must be restricted in its application to insignia of the same general class as "the flag or coats of arms" of the United States. Since both the flag and coat or [sic] arms are emblems of national authority it seems evident that other insignia of national authority such as the Great Seal of the United States, the Presidential Seal, and seals of government departments would be equally prohibited registration under Section 2(b). On the other hand, it appears equally evident that department insignia which are merely used to identify a service or facility of the Government are not insignia of national authority and that they therefore do not fall within the general prohibitions of this section of the Statute.
In re U.S. Dep't of the Interior, 142 USPQ 506, 507 (TTAB 1964) (finding logo comprising the words "NATIONAL PARK SERVICE" and "Department of the Interior," with depiction of trees, mountains, and a buffalo, surrounded by an arrowhead design, not to be an insignia of the United States). The Trademark Trial and Appeal Board reaffirmed this interpretation in In re Peter S. Herrick, P.A., 91 USPQ2d 1505 (TTAB 2009), by affirming the §2(b) refusal since applicant’s seal design was virtually identical to the seal used by the United States Department of the Treasury.
1204.02(b) Examples of Insignia That Should Be Refused
Examples: The following are examples of insignia that should be refused under §2(b):
1204.02(c) Examples of Designs That Should Not Be Refused
Designs that do not rise to the level of being "emblems of national authority" should not be refused. The following are examples of designs that are not barred from registration under §2(b):
Designs That Identify Governmental Departments - No §2(b) Refusal
Monuments, Statues, Buildings - No §2(b) Refusal
Objects Used By The Government - No §2(b) Refusal
Words or Initials that Identify People or Departments in The Government - No §2(b) Refusal
- U.S. Park Ranger
- U.S. Department of Transportation
- DOD - Department of Defense
1204.02(d) Caselaw Interpreting Insignia Under §2(b)
The following cases provide examples of matter that was held not to be government insignia under §2(b):
- (1) Department insignia that shows a service or facility of a federal department are not refused registration under §2(b). See In re United States Dep't of the Interior, 142 USPQ 506, 507 (TTAB 1964) (finding insignia of the National Park Service registrable).
- (2) Monuments, statues, or buildings associated with the United States such as the White House, Washington Monument, and Statue of Liberty, are not refused registration under §2(b). See Liberty Mut. Ins. Co. v. Liberty Ins. Co. of Texas, 185 F. Supp. 895, 908, 127 USPQ 312, 323 (E.D. Ark. 1960) ("That the Statue of Liberty is not a part of the ‘insignia of the United States’ is too clear to require discussion.").
- (3) Designs of objects used by the U.S. government are not refused registration under §2(b). See In re Brumberger Co., Inc., 200 USPQ 475 (TTAB 1978) (finding representation of the U.S. mailbox was not to be an insignia of the United States. However, the Board affirmed a refusal to register the mark under §2(a) because of a false connection with the United States Postal Service).
- (4) Initials or words that identify people or departments of a government agency. Letters that merely identify people and things associated with a particular agency or department of the United States government, instead of representing the authority of the government or the nation as a whole, are generally not considered to be "insignia of the United States" within the meaning of §2(b). See U.S. Navy v. United States Mfg. Co., 2 USPQ2d 1254 (TTAB 1987) (finding USMC, the initials of the Marine Corps, which is part of the Navy, which itself is within the Department of Defense, cannot be construed as an "other insignia of the United States" under §2(b) of the Lanham Act). Note: As a result of the enactment of Public Law 98 525 on October 19, 1984, the initials, seal, and emblem of the United States Marine Corps are "deemed to be insignia of the United States," under 10 U.S.C. §7881, pertaining to unauthorized use of Marine Corps insignia. However, "USMC" was not so protected when the applicant began using its stylized version of those letters as a mark. In view of the provision in Public Law 98-525 that the amendments adding Chapter 663 (10 U.S.C. §7881) shall not affect rights that vested before the date of its enactment, the majority of the Board found that enactment of the law did not adversely affect the mark’s registrability, stating that "opposer has not shown that applicant’s mark was an insignia of the United States prior to the law making it one, or that the law effectively bars registration to applicant." Id. at 1260.