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What is Section 2(b) Refusal - Consisting of or comprising a flag?

Written by Jan Buza

Co-founder of Trama

A Section 2(b) refusal is issued by the USPTO when an application includes a flag, coat of arms, or other insignia of the United States, a US state or municipality, or a foreign nation as part of the mark.

The refusal is not automatic for any use of a flag design. If the flag is incorporated in a way that does not simulate the actual flag; for example, as a stylized geometric design that merely resembles a flag without being identifiable as a specific national or governmental symbol; the examiner may not issue a Section 2(b) refusal. What is refused is the use of an actual or simulated flag, coat of arms, or official insignia in a way that identifies it as such.

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