Understanding DoD Branding and Trademark Licensing

The U.S. Department of War (DOW), now known as the Department of Defense (DoD), maintains strict guidelines regarding the use of its branding, trademarks and military service marks. These regulations are crucial for protecting the integrity of military symbols and preventing unauthorized commercial exploitation. This article provides a comprehensive overview of the DoD’s trademark licensing program and related legal considerations.

DoD Trademark Licensing Guide

The DoD offers a Trademark Licensing Guide outlining important information and guidelines. This guide is essential for anyone considering using DoD trademarks, whether for commercial purposes or otherwise. The guide details the proper procedures for seeking licensing agreements and ensuring compliance with federal regulations.

Trademark Search and Registration

Before utilizing any trademark, especially those associated with the military, it is vital to conduct a thorough search to ensure availability and avoid potential conflicts. The U.S. Patent and Trademark Office (USPTO) provides a database for searching registered trademarks. This search helps determine if a proposed trademark infringes on existing rights. The USPTO too offers webinars and resources to assist with the search process, including a search builder feature and guidance on formulating effective queries.

DoD Trademark Licensing Program Working Group

According to DoD Instruction 5535.12, a DoD Trademark Licensing Program Working Group has been established. This group, composed of full-time or permanent part-time federal employees, is responsible for overseeing and managing the DoD’s trademark licensing program. The Working Group operates in accordance with established guidelines to ensure consistent and effective implementation of the program.

Trademark Rights Under Government Contracts

The Federal Acquisition Regulation (FAR) and the Defense Federal Acquisition Regulation Supplement (DFARS) do not specifically address trademark or service mark rights arising from government contracts. However, Subpart 5827.90 clarifies that trademark rights generally reside with the entity controlling the quality of the goods or services.

In certain instances, the government, specifically the Defense Information Systems Agency (DISA), may seek ownership of trademarks created under contract, particularly for marks used in government-controlled services. DISA’s Office of the General Counsel should be consulted to determine the necessity of negotiating trademark ownership and pursuing federal trademark registration with the USPTO.

Definitions

A Trademark is defined as a word, phrase, symbol, or design—or a combination of these—that identifies and distinguishes the source of goods or services. A Service Mark serves the same function but identifies and distinguishes the source of a service.

Key Takeaways

• The DoD actively protects its branding and trademarks through a comprehensive licensing program.
• A thorough trademark search via the USPTO is crucial before using any potentially infringing mark.
• The DoD Trademark Licensing Program Working Group oversees the implementation of the program.
• Trademark rights under government contracts are complex and require legal consultation.