Precedential No. 19: TTAB Affirms Section 2(b) Refusals Of Orange County "Unofficial" Insignia

• Published date: 09 August 2022
• Law Firm: Wolf, Greenfield & Sacks, P.C.
• Author: Mr John L. Welch

Every five years or so, like clockwork, the Board decides a Section 2(b) case. This time it affirmed refusals to register the two proposed marks depicted below, for various governmental services (e.g., maintaining parks and libraries), on the ground that they constitute insignia of a governmental entity, i.e., a "municipality." The Board rejected the argument that Orange County is not a municipality, and also rejected the argument that because Orange County already has an "official" seal, these design cannot be insignia of the county. County of Orange, Serial Nos. 87419378 and 87639750 (August 4, 2022) [precedential] (Opinion by Judge Martha B. Allard).

Section 2(b) is a complete bar to registration of a mark that "[c]onsist of or comprises the flag or coat of arms or other insignia of . . . any State or municipality ...." It is based on the idea that...