Section 2 refusals
Section 2(b): Government Insignia — Trademark Office Action Guide
Section 2(b) prohibits registration of marks that consist of or comprise the flag, coat of arms, or other insignia of the United States, any state or municipality, or any foreign nation.
What the USPTO is saying
Your mark includes or incorporates a flag, coat of arms, or other government insignia in a way that violates Section 2(b). The USPTO treats these symbols specially to avoid implying government endorsement.
Why this issue is raised
Federal law protects official government symbols from commercial use that could suggest governmental approval or affiliation. Even stylized or partial depictions may trigger refusal.
How applicants typically overcome it
- Remove or redesign the mark to eliminate the prohibited insignia.
- Demonstrate that the design is not a flag or coat of arms as defined under trademark law.
- Show the insignia is used in a purely ornamental manner that does not function as part of the mark.
- Consult whether a disclaimer or description change resolves the issue.
Related Office Action issues
Frequently asked questions
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