TMEP 1204.02(c): Examples of Designs That Should Not Be Refused Under §2(b)

October 2017 Edition of the TMEP

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1204.02(c)    Examples of Designs That Should Not Be Refused Under §2(b)

Designs that do not rise to the level of being emblems of national authority, or emblems of state or municipal authority, should not be refused. Exception: As a result of the enactment of Public Law 98 525 on October 19, 1984, the initials, seal, and emblem of the United States Marine Corps are "deemed to be insignia of the United States," under 10 U.S.C. §7881. The amendments adding this section do not affect rights that vested before October 19, 1984. Applications claiming use after October 19, 1984 must be refused.

The following are examples of designs that are not barred from registration under §2(b):

Designs That Identify Governmental Departments - No §2(b) Refusal

U.S. Army logo
LAPD logo

Monuments, Statues, Buildings - No §2(b) Refusal

Upper portion of the Statue of Liberty with the wording "American Piers"
Eiffel Tower with palm trees and the wording "Crepe Maker"
The outline of the U.S. Capitol Building in the background with the words "Capitol Portland Cement"

Objects Used By The Government - No §2(b) Refusal

A mailbox with the US Postal Service logo on the side
The wording "SHOT Space Hardware Optimization Technology, Inc." with the center of the "H" in "SHOT" comprising a space shuttle taking off.

Words or Initials that Identify People or Departments in The Government - No §2(b) Refusal

  • U.S. Park Ranger
  • U.S. Department of Transportation
  • DOD - Department of Defense