Can I Trademark a Flag?
A flag can definitely be trademarked in certain situations, so be sure to consult a trademark attorney about the design of your flag before you put it into production. So long as the flag you’re interested in trademarking is not a true representation of the flag or coat of arms or other insignia of the United States, or of any State or municipality, or of any foreign nation, or any simulation thereof. That said, you can still incorporate a flag into your logo so long as: (1) The flag design used in your logo forms a letter, number, or design; (2) The flag design used in your logo is substantially obscured by words or other designs; (3) The flag design used in your logo is not in a shape normally seen in flags (for example, the United States flag in the shape of the continental United States); (4) The flag design used in your logo uses colors that are different from those normally used in the flag; or (5) A significant feature of the flag used in your logo is missing or changed. Using a flag in your logo will land you a quick trip to rejection by the United States Patent and Trademark Office (USPTO).
If you are incorporating a flag into the logo for your products or services, contact us today to speak with trademark attorney Eric Norton to discuss how to implement a flag design so as to not run afoul of the trademark registration guidelines.