TMEP 1204.01(c): Case Law Interpreting "Simulation of Flag"

October 2017 Edition of the TMEP

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1204.01(c)    Case Law Interpreting "Simulation of Flag"

The Trademark Trial and Appeal Board found that no simulation of a flag existed in the following cases: In re Am. Red Magen David for Israel, 222 USPQ 266, 267 (TTAB 1984) ("As to the State of Israel, it is noted that the flag of that nation consists essentially of a light blue Star of David on a white background. In the absence of any evidence that the State of Israel is identified by a six-pointed star in any other color, we conclude that only a light blue six-pointed star would be recognized as the insignia thereof."); In re Health Maint. Orgs., Inc., 188 USPQ 473 (TTAB 1975) (holding dark cross, with legs of equal length, having a caduceus symmetrically imposed thereon sufficiently distinctive from Greek red cross and flag of Swiss Confederation).