Register your tribal insignia with USPTO for free!

Did you know that tribes can include tribal insignias in the United States Patent and Trademark Office’s (“USPTO”) database at no charge! The USPTO's Native American tribal insignia database is a part of the Trademark Electronic Search System (“TESS”). This database records the official tribal insignias of federally or state-recognized American Indian and Alaska Native tribes.

Why should your tribe participate?

There is a benefit to being included in the tribal insignia database. The USPTO considers the tribal insignias in its database when examining pending applications for trademark registration. USPTO evaluates whether a pending trademark application may suggest a false connection to a tribal insignia and refuse registration. This gives tribes the benefit of protecting their intellectual property and cultural heritage at no cost.

Process for inclusion

There are no fees or forms, however your tribal insignia must be adopted by tribal resolution and be either a flag, emblem, or coat of arms. Your tribe can submit more than one insignia. The process requires your tribe to submit one request per submission to the following email address NativeAmericanTribalInsigniaSubmissions@uspto.gov with the subject line “Native American tribal insignia submission”. The following needs to be included in your email:

1. A written request to enter the tribal insignia;

2. A JPG image file of the tribal insignia, which must be: 

1. 300-350 dpi

2. 250-944 pixels in both directions 

3. RGB color 

3. A copy of tribal resolution adopting the tribal insignia as the official one; and

4. A statement, signed by an official with authority to bind the tribe, confirming that the tribal insignia submitted is the one referred to in the resolution.

For state recognized tribes you must also include either a document from a state official showing that the state recognizes your tribe or a citation to a state statue designating your tribe as a state recognized tribe.

Once your submission is accepted by USPTO you will receive a letter confirming that your insignia has been entered into the database.

What does this mean?

The insignia database offers some protection, yet the act of including your insignia in the database does not provide your tribe with any rights and is not the same thing as registering a trademark. However, if you plan to use your tribal insignia in commerce you can apply for trademark registration for a fee. There are legal protections for registration of the tribal insignia as a trademark. At this point, it would be prudent to utilize the services of an attorney to guide you through the legal particularities that apply to trademark law.

Even if you simply add your insignia to the trademark database, you still have ways to enforce against an infringer. If you notice another company or person utilizing your insignia and they are applying for registration with USPTO, you can send a letter of protest to the Trademark Director claiming a pending application is likely to cause confusion or suggest a false connection with your insignia. If you have evidence, you can also file a notice of opposition or a petition for cancellation of a registered trademark.

Now

There are currently 75 records of tribal insignias in the database. Did you know that as of January 2021 only 1 tribe in New Mexico and 3 tribes in Arizona had registered their tribal insignia with the USPTO's tribal insignia database? It is time to get moving. Please contact us for any help with the processes described above.