DATABASES & LEGAL RESOURCES
Protected Names & Official Insignia
Some matter cannot be registered by anyone, no matter how much use it has acquired. These absolute bars sit mostly in Sections 2(a), 2(b) and 2(c), and several of them are criminal provisions too, which is why they deserve a check long before packaging is printed.
The bars that cannot be cured by evidence
- Flags, coats of arms and other insignia of the United States, of states and municipalities, and of foreign nations, including simulations of them.
- Olympic and amateur sports wording and symbols protected under federal sports legislation.
- The Red Cross emblem and related designations, which also carries criminal exposure.
- Certain sanctioned characters and youth-programme emblems, such as Smokey Bear and the 4-H emblem.
- Official seals and any design suggesting government sponsorship.
Redesign costs more than a design check
These refusals cannot be answered with acquired distinctiveness or a disclaimer. If a logo uses a flag, seal, or protected emblem, expect to change the logo rather than argue the application.
| Category | Authority | What it bars | Why it matters |
|---|---|---|---|
| Flags and government insignia | 15 U.S.C. § 1052(b) | Matter consisting of or comprising the flag, coat of arms, or other insignia of the United States, of any state or municipality, or of any foreign nation, or a simulation of any of them. | Registration is refused outright rather than merely objected to, and it cannot be repaired by disclaimer or acquired distinctiveness. |
| Names, portraits and signatures of people | 15 U.S.C. § 1052(c) | Matter that may falsely suggest a connection with persons, living or dead, specifically including a name, portrait, or signature identifying a particular living individual without their written consent, and the name, signature, or portrait of a deceased U.S. President during the life of his widow without her written consent. | Consent documents can cure this. Get them in writing at the time the mark is created, not after an Office Action arrives. |
| False suggestion of a connection | 15 U.S.C. § 1052(a) | Matter that may falsely suggest a connection with persons, institutions, beliefs, or national symbols, or that may discredit or falsely suggest a connection with them. | The test looks at whether consumers would read the mark as claiming a link, which is why context and goods matter more than the words alone. |
| Olympic and amateur sports marks | 36 U.S.C. § 220506 (Ted Stevens Olympic and Amateur Sports Act) | Unauthorised use of Olympic marks and certain words and symbols, including the term “Olympic” and related terms and the Olympic symbol. | This operates as a bar independent of ordinary likelihood of confusion and applies even to uses the USPTO would otherwise clear. |
| Red Cross and related emblems | 18 U.S.C. §§ 706, 706a, 917 | Use of the Red Cross emblem and designations including “Red Cross”, “Geneva Cross”, and the Red Crescent, and any imitation of them. | This is a criminal provision as well as a registration bar, so it is worth checking early rather than redesigning after launch. |
| 4-H names and emblem | 18 U.S.C. § 707 | Commercial use of the 4-H club name and emblem, including the four-leaf clover design. | Another hybrid criminal and registration bar, commonly tripped by agricultural brands. |
| Smokey Bear and Woodsy Owl | 18 U.S.C. §§ 711, 711a | Use of the Smokey Bear and Woodsy Owl characters, names, and associated slogans. | Character look and feel — not only exact copying — is what draws the objection. |
| Official seals and great seals | 18 U.S.C. § 713 | Use of the likeness of the Great Seal of the United States, the seals of the President and Vice President, the Seal of the United States Senate, and other specified official seals, calculated to convey a false impression of government sponsorship. | Government agencies also have their own name and insignia protections even where a specific seal is not involved. |
| Native American tribal names and insignia | Section 2(a) false suggestion analysis plus the Indian Arts and Crafts Act framework | Marks falsely suggesting a connection with a Native American tribe, and marketing art or craft goods as Native-made when they are not. | Tribes can object in opposition proceedings, and the misrepresentation of origin carries penalties beyond the refusal itself. |
| Immoral or scandalous matter (current status) | 15 U.S.C. § 1052(a), as narrowed by Matal v. Tam (2017) and Iancu v. Brunetti (2019) | The disparagement clause was held unconstitutional in 2017 and the immoral-or-scandalous clause was held unconstitutional in 2019, so those grounds no longer support refusal on their own. | Do not assume a refusal is dead merely because it cites old boilerplate; the Office may still refuse on other grounds in the same letter. |
| U.S., state, and foreign flags, coats of arms and insignia | 15 U.S.C. § 1052(b); 37 C.F.R. § 2.52(a) | Matter consisting of or comprising the flag, coat of arms, or other insignia of the United States, of any State or municipality, or of any foreign nation, or a simulation of any of them. | Refused outright under § 2(b); cannot be cured by disclaimer or acquired distinctiveness. |
| Living individual's name, portrait, or signature without consent | 15 U.S.C. § 1052(c) | The name, portrait, or signature identifying a particular living individual, absent their written consent. | Refused unless written consent is filed; protects personal identity rights. |
| Deceased U.S. President's name during the widow's life | 15 U.S.C. § 1052(c) | The name, portrait, or signature of a deceased President of the United States, during the life of the President's widow, without her written consent. | Special heightened protection for deceased Presidents; requires the widow's consent. |
| Red Cross, Geneva Cross, Red Crescent, Red Crystal emblems and designations | 18 U.S.C. § 706; Geneva Convention Act | The Red Cross emblem, the Geneva Cross, the Red Crescent, the Red Crystal, and the designations "Red Cross," "Geneva Cross," or any colorable imitation, except by the American National Red Cross or certain armed-forces sanitary authorities. | Protected by criminal statute; use is barred outside the American National Red Cross. |
| Olympic symbols | 36 U.S.C. § 220506 (Ted Stevens Olympic and Amateur Sports Act) | The symbol of the International Olympic Committee (five interlocking rings), the words "Olympic," "Olympiad," "Citius Altius Fortius," and related marks, absent authorization. | Reserved to the USOPC; commercial use is restricted by federal statute. |
| Veterans' and patriotic organization insignia | 18 U.S.C. §§ 703–705 | Badges, medals, emblems, or insignia of veterans' organizations such as the Grand Army of the Republic, Veterans of Foreign Wars, American Legion, Disabled American Veterans, United Spanish War Veterans, and others. | Use of these insignia is a criminal offense absent authorization. |
| Boy Scouts, Girl Scouts, and similar youth organizations | 36 U.S.C. §§ 30905 (Boy Scouts), 80305 (Girl Scouts); 18 U.S.C. § 706a | The names, badges, marks, or insignia of the Boy Scouts of America, Girl Scouts of the United States of America, and similar federally chartered organizations. | Federal charter reserves these identifiers; commercial use is restricted. |
| Daughters of the American Revolution and similar chartered groups | 36 U.S.C. § 153104 (DAR); § 130506 (Little League); § 21904 (American National Theater and Academy) | Names, insignia, and marks of organizations such as the National Society of the Daughters of the American Revolution, Little League Baseball, and The American National Theater and Academy. | Reserved by federal charter; registration is refused for confusingly similar marks. |
| Government seals, mottos, and agency names | 15 U.S.C. § 1052(b); 18 U.S.C. § 709 (fake U.S. agency); 37 C.F.R. § 2.52 | Seals, insignia, and names of U.S. government agencies and instrumentalities, including the United States Postal Service, the Smokey Bear and Woodsy Owl public-service mascots, and the "SMILE" and "GOLDEN BEAR" marks. | Protected by § 2(b) and criminal statutes; the Postal Service and public-service mascots are specifically reserved. |
| Smokey Bear and Woodsy Owl mascots | 18 U.S.C. § 711 | The character "Smokey Bear" and the name and character "Woodsy Owl" and related slogans such as "Only YOU Can Prevent Forest Fires." | Reserved by statute for public-service fire- and conservation-prevention campaigns. |
| International and intergovernmental organization names and emblems | 15 U.S.C. § 1052(b); 18 U.S.C. § 712 (false UN/Red Cross association) | Names, emblems, and abbreviations of intergovernmental organizations such as the United Nations ("UNITED NATIONS," "UN") and the International Red Cross. | Refused where use falsely suggests a connection with the organization. |
| Military medals and decorations | 18 U.S.C. § 704 (military medals); 36 U.S.C. (Medal of Honor) | The Medal of Honor, Purple Heart, and other military decorations and badges, and the unauthorized use of the words "MEDAL OF HONOR," "PURPLE HEART," or colorable imitations. | Protected by federal criminal statute; misuse is prohibited. |
| Copyright and mask-work notice symbols | 17 U.S.C. §§ 401, 402, 909 | The © symbol, the word "Copyright," the abbreviation "Copr.," the ℗ symbol, and the "*M*" / circled-M mask-work symbols, where used to claim statutory rights. | These are statutory notice symbols; their use as trademarks is restricted. |
| U.S. Treasury and currency terms | 18 U.S.C. § 331 et seq. (coins/currency); 37 C.F.R. § 2.52 | Matter that simulates the design of U.S. coins or currency, or the names of U.S. Treasury instruments, where it suggests government backing. | Reserved to the government; registration is refused. |
Official U.S. statutorily protected names, insignia, and symbols that are barred from registration or restricted by statute. Compiled from TMEP Chapter 1200 (§§ 1204–1205) and the cited U.S. Code provisions. The USPTO also maintains an "89-series" list of non-registrations; the most-significant items are collected here.
Names of people work differently
Section 2(c) is not an absolute bar — it is a consent bar. Using the name, portrait or signature of a particular living individual needs their written consent, and the name or likeness of a deceased U.S. President needs the written consent of his widow during her lifetime. Getting that consent in writing when the mark is created costs almost nothing and removes a refusal that otherwise arrives months later.
A note on older grounds
The disparagement clause was struck down as unconstitutional in 2017 and the immoral-or-scandalous clause in 2019, so those grounds no longer carry a refusal on their own. Applications refused today are still assessed under false suggestion, likelihood of confusion, and the bars listed above.
Frequently asked questions
Can I use a stylised version of a flag to get around the bar?
The statute covers simulations, so a recoloured or rearranged version is usually still refused. If the design reads as a flag or a government insignia, plan a different direction.
Do I need consent to register a name that is also my company's name?
If it identifies you personally and you own the applicant, the consent issue rarely arises. The difficulties appear when the named person is someone else, especially a public figure.
Is using these symbols illegal outside trademarks?
Several of them are, including the Red Cross emblem and certain youth-programme emblems. The exposure here is broader than whether your application registers.
More in Databases & Legal Resources
U.S. Trademark Statutes
The Lanham Act provisions governing registration, in plain language.
U.S. Geographic Names Reference
States, major cities, and regions relevant to geographic refusals.
U.S. Copyright Act (Title 17)
The provisions of Title 17 that govern ownership, duration, registration, and infringement.
Copyright Office Rules (37 C.F.R. Part 202)
The procedural rules behind every registration, notice, and deposit requirement.