Can you trademark a flag?

Yes, you can trademark a flag. It is possible to trademark a stylized flag design, provided that it is not a true representation of the flag of the United States, or of any state, municipality, or foreign nation.

This information was provided by our founding attorney, Xavier Morales, Esq. 

For example, a flag design would be registrable if:

  • It formed another design, number, or letter;
  • It was substantially obscured by other matter in the logo;
  • It was not in the normal flag shape;
  • A significant feature of the flag was in a different color; or
  • A significant feature of the flag was changed.

However, if the flag is simply a true and accurate representation of the flag of the United States, or of any state, municipality, or foreign nation, then the Trademark Office will reject your trademark application.

To trademark a flag, you must use that flag as a logo to identify your business as the originator of a line of goods or services and prove to the Trademark Office that the design of the flag is distinct enough to represent a single company’s products or services. If the flag is similar enough to another existing trademark, the Trademark Office will reject it. Successfully trademarking a flag will not prevent the flag from being utilized by other individuals, but will prevent competitors from using it to sell or promote similar types of products or services.

Trademarking Your Flag

If you have a stylized flag that you wish to trademark, contact us to ensure that your flag design is unique enough to register as a trademark.

The Steps to Getting a Flag Design Trademark

Step 1: Perform A Comprehensive Search

We will conduct a thorough trademark search to ensure your desired mark doesn’t closely resemble existing registered trademarks. Seeking an attorney's help can aid in identifying both exact matches and "confusingly similar" marks, as they have access to various databases and can discern subtle distinctions.

Step 2: File the Trademark Application

After due diligence, we file a trademark application through the Trademark Electronic Application System (TEAS) or its alternative, TEAS Plus. The choice between these two can impact costs and requirements; we'll provide guidance on this decision and help navigate the complexities.

Step 3: Monitor Your Application

Once the application is submitted, expect a waiting period of 4 to 6 months for feedback from the USPTO. While the initial response might be an approval, there's a possibility of receiving an Office Action or denial, but amendments can typically be made and refiled.

Step 4: Finalize Your Registration

Upon application approval, the trademark will be published in the Trademark Official Gazette for 30 days, allowing potential opposition from other companies. If opposed, the case might proceed to the Trademark Trial and Appeal Board (TTAB). If unopposed, a certificate of registration will be issued, but ongoing maintenance is essential to preserve trademark rights.

Xavier Morales, Esq.

About the Author

Xavier Morales, Esq.

Mr. Morales founded his trademark law practice in January 2007 with the goal of providing intellectual property expertise to entrepreneurs and businesses around the country. Since then, he has filed more than 6,000 trademarks with the USPTO. You can learn more about Xavier here.

Protect Your Mark

Get the trademark protection you need for your business name, logo, or slogan.

Or call us today

866-618-2517

You'll Speak directly with our founding attorney.

Contact

Law Office of Xavier Morales
P.O. BOX 3256
Austin, TX 78764

office: 1-866-618-2517
fax: 1-866-639-4889