# TMEP § 1205.01: Statutory Protection

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/TMEP_S1205.01

## Section

- **Citation:** TMEP § 1205.01
- **Heading:** Statutory Protection
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** USPTO TMEP / Chapter 1200 - Substantive Examination of Applications / TMEP § 1205.01

## Text

Various federal statutes and regulations prohibit or
restrict the use of certain words, names, symbols, terms, initials, marks, emblems,
seals, insignia, badges, decorations, and medals adopted by the United States
government, including any agency or instrumentality thereof, or particular national
and international organizations. These designations are reserved for the specific
purposes prescribed in the relevant statute and must be free for use in the
prescribed manner. See
Appendix C
for a nonexhaustive list of United States statutes protecting designations of
certain government agencies and instrumentalities.
For example, Congress has created statutes that grant
exclusive rights to use certain designations to federally created private
corporations and organizations. Violation of some of these statutes may be a
criminal offense,
e.g.
, 18 U.S.C. §705  (regarding badges,
medals, emblems, or other insignia of veterans’ organizations). Other statutes
provide for civil enforcement,
e.g.
, 36 U.S.C. §§153104
(National Society of the Daughters of the American Revolution); 30905 (Boy Scouts);
80305 (Girl Scouts); 130506 (Little League); and 21904 (The American National
Theater and Academy).
"89" Series or
Non-Registrations
If the USPTO is made aware of a federal statute or
regulation that prohibits or restricts the use of certain words, names, symbols,
terms, initials, marks, emblems, seals, insignia, badges, decorations, medals, and
characters, they are entered into the USPTO search records to assist USPTO examining
attorneys. These designations are assigned a serial number in the "89" series code
(i.e., serial numbers beginning with the digits "89," sometimes referred to as
"non-registrations"). Information about the statutory restriction should be
discovered in an examining attorney’s search and a copy of the statutory language
may be in the search record.
In certain circumstances the USPTO may remove a
non-registration record from its search records, such as when a statutory
restriction has been repealed
bers beginning with the digits "89," sometimes referred to as
"non-registrations"). Information about the statutory restriction should be
discovered in an examining attorney’s search and a copy of the statutory language
may be in the search record.
In certain circumstances the USPTO may remove a
non-registration record from its search records, such as when a statutory
restriction has been repealed. Removal of a non-registration record does not mean a
refusal is not warranted under the Trademark Act. For example, it may still be
appropriate for the examining attorney to refuse registration of a mark consisting
of formerly statutorily protected matter under §2(a) on the ground that the mark
comprises matter that may falsely suggest a connection with a person, institution,
belief, or national symbol (
see
TMEP §§1203.03(b)
–
1203.03(b)(iii)
) or under §2(b) for matter that
comprises a flag, coat of arms, or other similar insignia (
see
TMEP §1204
).
Examples of Statutorily Protected
Matter
The following are examples of the protection of words
and symbols by statute:
(1) The Copyright Act of 1976 includes provisions
regarding the use of appropriate notices of copyright. 17 U.S.C.
§§101-1332.  These include provisions concerning the use of the letter "C"
in a circle – ©, the word "Copyright" and the abbreviation "Copr." to
identify visually perceptible copies (17 U.S.C. §401);  the use of the
letter "P" in a circle to indicate phonorecords of sound recordings (17
U.S.C. §402);  and the use of the words "mask work," the symbol *M* and the
letter "M" in a circle to designate mask works (17 U.S.C. §909).  The
Copyright Act designates these symbols to indicate that the user of the
symbol is asserting specific statutory rights.
y visually perceptible copies (17 U.S.C. §401);  the use of the
letter "P" in a circle to indicate phonorecords of sound recordings (17
U.S.C. §402);  and the use of the words "mask work," the symbol *M* and the
letter "M" in a circle to designate mask works (17 U.S.C. §909).  The
Copyright Act designates these symbols to indicate that the user of the
symbol is asserting specific statutory rights.
(2) Red Cross Emblem or the designations "Red
Cross" and "Geneva Cross": Under 18 U.S.C. §706, the use of the Red Cross
emblem as well as the designations "Red Cross" and "Geneva Cross," or any
imitation thereof, is prohibited except by the American National Red Cross,
and by sanitary and hospital authorities of the armed forces of the United
States. The statute carves out an exception for use of any such emblem,
sign, insignia, or words that were lawfully used on or before June 25, 1948.
See In re Health Maint.
Orgs., Inc.
, 188 USPQ
473 (TTAB1975) (holding mark comprising a dark cross with legs of equal
length on which a caduceus is symmetrically imposed (representation of
caduceus disclaimed) registrable, the Board finding the mark readily
distinguishable from the Greek red cross (on white background) and the Swiss
confederation coat of arms (white cross on red background)). See
TMEP
§§1205.01(c)–1205.01(c)(iv)
for further
information.
(3) False advertising or misuse of names to
indicate a federal agency is proscribed by 18 U.S.C. §709.  For example,
this provision prohibits knowing use, without written permission of the
Director of the Federal Bureau of Investigation, of the words "Federal
Bureau of Investigation," the initials "F.B.I." or any colorable imitation,
in various formats "in a manner reasonably calculated to convey the
impression that such advertisement, . . . publication, . . . broadcast,
telecast, or other production, is approved, endorsed, or authorized by the
Federal Bureau of Investigation." Thus, an examining attorney must refuse to
register such matter, pursuant to 18 U.S.C
Investigation," the initials "F.B.I." or any colorable imitation,
in various formats "in a manner reasonably calculated to convey the
impression that such advertisement, . . . publication, . . . broadcast,
telecast, or other production, is approved, endorsed, or authorized by the
Federal Bureau of Investigation." Thus, an examining attorney must refuse to
register such matter, pursuant to 18 U.S.C. §709,  if its use is reasonably
calculated to convey an approval, endorsement, or authorization by the
Federal Bureau of Investigation.
(4) Section 110 of the Amateur Sports Act of 1978,
36 U.S.C. §220506,  protects various designations associated with the
Olympics. The United States Supreme Court has held that the grant by
Congress to the United States Olympic Committee of the exclusive right to
use the word "Olympic" does not violate the First Amendment.
San
Francisco Arts & Athletics, Inc. v. U.S. Olympic Comm.
,
483 U.S. 522, 3 USPQ2d 1145 (1987) (concerning petitioner’s use of "Gay
Olympic Games"). See
TMEP §§1205.01(b)–1205.01(b)(viii)
for
information about marks comprising Olympic matter.
(5) In chartering the Blinded Veterans
Association, Congress granted it the sole right to use its name and such
seals, emblems, and badges as it may lawfully adopt. 36 U.S.C. §30306.  This
protection of its exclusive right to use "Blinded Veterans Association" does
not extend to the term "blinded veterans," which has been found generic.
Blinded Veterans Ass’n v. Blinded Am. Veterans
Found.
, 872 F.2d 1035, 10 USPQ2d 1432 (D.C. Cir. 1989).
ociation, Congress granted it the sole right to use its name and such
seals, emblems, and badges as it may lawfully adopt. 36 U.S.C. §30306.  This
protection of its exclusive right to use "Blinded Veterans Association" does
not extend to the term "blinded veterans," which has been found generic.
Blinded Veterans Ass’n v. Blinded Am. Veterans
Found.
, 872 F.2d 1035, 10 USPQ2d 1432 (D.C. Cir. 1989).
(6)
Red Crescent Emblem, Third Protocol Emblem, or the designations
"Red Crescent" and "Third Protocol Emblem."
Under 18 U.S.C.
§706a,  the use of the distinctive emblems the Red Crystal and the Red
Crescent, as well as the designations "Third Protocol Emblem" and "Red
Crescent," or any imitation thereof, is prohibited, except by those
authorized to wear, display, or use them under the provisions of the Geneva
Conventions. The statute carves out an exception for use of any emblem,
sign, insignia, or words which were lawfully used on or before December 8,
2005, if use of these would not appear in time of armed conflict to confer
the protections of the Geneva Conventions of August 12, 1949. See
TMEP
§§1205.01(a)–1205.01(a)(vi)
for further
information.
Refusal of Marks Consisting of Statutorily
Protected Matter
Usually, the statute will define the appropriate use
of a designation and will prescribe criminal penalties or civil remedies for
improper use. However, the statutes themselves do not provide the basis for refusal
of trademark registration. To determine whether registration should be refused in a
particular application, the examining attorney should consult the relevant statute
to determine the function of the designation and its appropriate use. If a statute
provides that a specific party or government agency has the exclusive right to use a
designation, and a party other than that specified in the statute has applied to
register the designation, the examining attorney must refuse registration on the
ground that the mark is not in lawful use in commerce, citing §§1 and 45 of the
Trademark Act,
15 U.S.C
designation and its appropriate use. If a statute
provides that a specific party or government agency has the exclusive right to use a
designation, and a party other than that specified in the statute has applied to
register the designation, the examining attorney must refuse registration on the
ground that the mark is not in lawful use in commerce, citing §§1 and 45 of the
Trademark Act,
15 U.S.C. §§1051
and
1127
, in addition to the relevant statute.
See
TMEP §907
.
Depending on the nature and use of the mark, other
sections of the Trademark Act may also bar registration and must be cited where
appropriate. For example, it may be appropriate for the examining attorney to refuse
registration under §2(a) of the Trademark Act,
15 U.S.C.
§1052(a)
,  on the ground that the mark comprises matter that
may falsely suggest a connection with a person, institution, belief, or national
symbol specified in the statute (e.g., the United States Olympic Committee).
See
TMEP
§§1203.03(b)–1203.03(b)(iii)
. It may be appropriate to
refuse registration under §2(b),
15 U.S.C.
§1052(b)
, for matter that comprises a flag, coat of arms, or
other similar insignia.
See
TMEP §1204
. It
may be appropriate to refuse registration under §2(d),
15 U.S.C.
§1052(d)
,  if the party specified in the statute owns a
registration for a mark that is the same or similar.
In some instances, it may be appropriate for the
examining attorney to refuse registration pursuant to §§1, 2, and 45 of the
Trademark Act,
15 U.S.C. §§1051
,
1052
, and
1127
, on the ground that the subject matter would not be
perceived as a trademark. For service mark applications, §3 of the Act,
15 U.S.C. §1053
,  must also be cited as a
basis for refusal.
To determine what action is appropriate, the
examining attorney should look to the particular use of a symbol or term by the
applicant
ant to §§1, 2, and 45 of the
Trademark Act,
15 U.S.C. §§1051
,
1052
, and
1127
, on the ground that the subject matter would not be
perceived as a trademark. For service mark applications, §3 of the Act,
15 U.S.C. §1053
,  must also be cited as a
basis for refusal.
To determine what action is appropriate, the
examining attorney should look to the particular use of a symbol or term by the
applicant. For example, where it is evident that the applicant has merely included a
copyright symbol in the drawing of the mark inadvertently, and the symbol is not a
material portion of the mark, the examining attorney must indicate that the symbol
is not part of the mark and require that the applicant amend the drawing to remove
the symbol, instead of issuing statutory refusals of the types noted above.
Examining attorneys should also consider whether
registration of matter comprised in whole or in part of designations notified
pursuant to Article 6
ter
of the Paris Convention and entered into
the USPTO’s search records may be prohibited by §§2(a) and 2(b) of the Trademark
Act,
15 U.S.C. §§1052(a)
and
1052(b)
.
See
TMEP §1205.02
.

## Nearby sections

- [TMEP § 1201 Ownership of Mark](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.md)
- [TMEP § 1201.01 Claim of Ownership May Be Based on Use By Related Companies](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.01.md)
- [TMEP § 1201.02(a) Identifying the Applicant Properly](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.02(a).md)
- [TMEP § 1201.02(c) Correcting Errors in How the Applicant Is Identified](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.02(c).md)
- [TMEP § 1201.02(d) Operating Divisions](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.02(d).md)
- [TMEP § 1201.02(e) Changes in Ownership After Application Is Filed](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.02(e).md)
- [TMEP § 1201.03(a) No Explanation of Use of Mark by Related Companies or Applicant’s Control Over Use of Mark by Related Companies Required](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.03(a).md)
- [TMEP § 1201.03(b) Wholly Owned Related Companies](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.03(b).md)
- [TMEP § 1201.03(c) Common Stockholders, Directors, or Officers](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.03(c).md)
- [TMEP § 1201.03(e) License and Franchise Situations](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.03(e).md)
- [TMEP § 1201.04 Inquiry Regarding Parties Named on Specimens or Elsewhere in Record](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.04.md)
- [TMEP § 1201.05 Acceptable Claim of Ownership Based on Applicant’s Own Use](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.05.md)
- [TMEP § 1201.06(a) Applicant Is Merely Distributor or Importer](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.06(a).md)
- [TMEP § 1201.06(b) Goods Manufactured in a Country Other than Where Applicant Is Located](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.06(b).md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/TMEP_S1205.01. Check the current official text before relying on it. Not legal advice.