Here is a short but sweet collection of Section 2(b) cases from the TTABlog. Section 2(b) prohibits an “applicant” from registering a mark that “consists of or comprises 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.” A mark barred under Section 2(b) is ineligible for registration under Section 2(f).

The “Prince of Wales decision” was vacated by the Board after the CAFC had remanded the case to the Board for consideration of new evidence. The Examining Attorney subsequently withdrew the Section 2(b) refusal. In the District of Columbia and City of Houston cases, the two entities were denied registration of their own official seals.

Section 2(b) Refusal Affirmed:

TTAB Vacates Prince of Wales Section 2(b) Decision and Remands Application to the Examining Attorney

Precedential No. 7: TTAB Affirms Section 2(b) Refusal of Mark Simulating the Prince of Wales Emblem

Precedential No. 3 = TTAB Test: Does this Mark Include a Simulation of the Swiss Flag? [Yes]

CAFC Affirms TTAB: DC and Houston Seals Properly Refused Registration Under Section 2(b)

Precedential Nos. 1 and 2: TTAB Rules that Section 2(b) Bars Registration of a Government Entity’s Own Official Insignia 

Section 2(b) Refusal Reversed:

Precedential No. 27: U.S. CUSTOMS Logo Barred by Sections 2(a) and 2(b)

TTAB Reverses 2(b) Refusal of Mark Containing Portion of Canadian Flag

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Text Copyright John L. Welch 2019.