1201.06(c) Applicant Using Designation of a U.S. Government Agency or Instrumentality
For a mark that would otherwise be subject to a refusal under §2(a) because it falsely suggests a connection with a designation of a U.S. government agency, instrumentality, or program, such as names, acronyms, titles, terms, and symbols, but the record demonstrates that the applicant has some affiliation with the agency or program, the examining attorney must issue an information request under 37 C.F.R. §2.61(b) requiring further information as to ownership of the designation and authorization to register. If it appears that the applicant lacks authorization to register the designation in the mark, the examining attorney may refuse to register under §1 of the Trademark Act because the applicant is not the owner of the governmental designation in the mark. The mark may also be refused under §2(a) for false suggestion of a connection and under §§1 and 45 when such marks are the subject of statutory protection. See TMEP §1203.03(b)(ii) for refusals under false association for Government Agencies and Instrumentalities, TMEP §1205.01 for information about statutorily protected matter, and Appendix C for a non-exhaustive list of U.S. statutes protecting designations of certain government agencies and instrumentalities.
Disclaiming the name of, or acronym for, the U.S. government agency or instrumentality to which the mark refers generally will not overcome the refusal under §§1 and 45. See TMEP §1213.03(a) regarding unregistrable components of marks.