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My trademark application was dismissed due to the inclusion of a flag. What should I do?

Written by Jan Buza

Co-founder of Trama

Review the specific reasoning in the office action. The examiner will identify which flag, coat of arms, or insignia they believe is simulated in the mark. If the identification is incorrect, the element is a stylized design that does not actually simulate the identified symbol; argue that directly in the response.

If the flag element is genuinely present, the options are to remove it from the mark design (if the change does not materially alter the mark's distinctive character) or to argue that the specific way the element is used does not constitute a simulation of the flag as prohibited by Section 2(b). Cases where a flag is used as a letter shape or as a purely decorative background element have sometimes been argued successfully.

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