AVIS DE DROIT PROTECTION DES SIGNES NATIONAUX

ETATS-UNIS
Various federal statutes and regulations prohibit or restrict the use of certain words,
names, symbols, terms, initials, marks, emblems, seals, insignia, badges, decorations,
medals and characters adopted by the United States government or particular national
and international organizations. These designations are reserved for the specific
purposes prescribed in the relevant statute and must be free for use in the prescribed
manner. See the listings of citations to sections of the United States Code and the Code
of Federal Regulations in Appendix C 357 of TMEP.
For example, Congress has created about 70 statutes that grant exclusive rights to use
certain designations to federally created private corporations and organizations.
Violation of some of these statutes may be a criminal offense, e.g., 18 U.S.C. §708
(coat of arms of the Swiss Confederation). 358
Debt Collection
15 U.S.C. § 1692e provides as follows:
A debt collector may not use any false, deceptive, or misleading representation or means in
connection with the collection of any debt. Without limiting the general application of the
foregoing, the following conduct is a violation of this section: […]
9) The use or distribution of any written communication which simulates or is falsely
represented to be a document authorized, issued, or approved by any court, official or agency
of the United States or any State, or which creates a false impression as to its source,
authorization, or approval..
The Designation “Made in USA”
See Sections 3(a) and 4(b)(2) below.
such persons when they have become entitled to use such marks as a result of their concurrent lawful
use in commerce prior to (1) the earliest of the filing dates of the applications pending or of any
registration issued under this Act; (2) July 5, 1947, in the case of registrations previously issued under
the Act of March 3, 1881, or February 20, 1905, and continuing in full force and effect on that date;
or (3) July 5, 1947, in the case of applications filed under the Act of February 20, 1905, and
registered after July 5, 1947. Use prior to the filing date of any pending application or a registration
shall not be required when the owner of such application or registration consents to the grant of a
concurrent registration to the applicant. Concurrent registrations may also be issued by the Director
when a court of competent jurisdiction has finally determined that more than one person is entitled to
use the same or similar marks in commerce. In issuing concurrent registrations, the Director shall
prescribe conditions and limitations as to the mode or place of use of the mark or the goods on or in
connection with which such mark is registered to the respective persons.
Ibid.
357 Available at: http://tess2.uspto.gov/tmdb/tmep/appendix_c.htm.
358 Id. § 1205.
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