Citing Flag Ban, TTAB Won't Register 'Civil Rights Trail' Logo

Law360 (May 8, 2020, 5:37 PM EDT) -- Pointing to a rarely used provision, the Trademark Trial and Appeal Board has issued a precedential ruling rejecting a "U.S. Civil Rights Trail" logo because it includes the American flag.

Saying there was "very little case law" on the issue, the board ruled Wednesday that the Alabama Tourism Department could not register the "Trail" logo as a trademark because of the Lanham Act's Section 2(b) and its ban on marks that include a national flag.

Alabama's tourism board was refused a trademark registration because a logo featured a U.S. flag. The board rejected various arguments from the Alabama agency, like the...

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