The Red, White, & Blue Flags of Trademark Law

As Flag Day (observed every June 14th) draws closer, we at Ed White Law are preparing to honor our national symbol and delve into a unique topic – the intersection of the U.S. flag and trademark law. Yes, you read that correctly! Our flag's iconic status holds an intriguing place in the world of intellectual property law.

First, a refresher on trademarks. A trademark is a distinctive sign — be it a name, word, symbol, or design — used to identify and distinguish the goods or services of one enterprise from those of others. However, not every sign can become a trademark.

Interestingly, despite its universal recognition, the American flag can't be registered as a trademark. According to Section 2(b) of the Trademark Act of 1946, otherwise known as the Lanham Act, trademarks cannot include the flag, coat of arms, or other insignia of the U.S., any state or municipality, or any foreign nation.

But this doesn't imply the flag is completely off-limits in the trademark world. It can still appear as a part of a more extensive design, provided it's not the principal feature or seen as an "official" government symbol. Thus, the flag often features in logos as an element of a larger design rather than a stand-alone symbol.

Importantly, businesses are prohibited from falsely suggesting that their products are government-endorsed by using the flag or other national symbols in their logos. This measure ensures our national symbols are used respectfully and not exploited for commercial gain.

Flag Day, which marks the adoption of our star-spangled banner on June 14, 1777, offers an excellent opportunity to reflect on these intersections of national symbols and intellectual property law. Much like our flag symbolizes unity and freedom, our trademark laws uphold the principles of fair competition and creative expression.

So, this Flag Day, let's not just celebrate the flag and the values it represents, but also appreciate its unique standing in the landscape of intellectual property law. This intersection serves as a reminder of our legal system's complexity and its underlying dedication to fairness and respect.

At Ed White Law, we're committed to helping you understand and navigate these complexities. We believe that a firm grasp of these principles can make your journey in the world of business more secure and rewarding. From our team to you, we wish you a meaningful and educational Flag Day.