U.S. Sen. Thom Tillis (R-NC) has introduced the bipartisan FLAG Act of 2019, legislation to update federal trademark law to allow countries and state and local governments the ability to protect the use of their flags and other official symbols.
The Fair Licensing Access for Governments (FLAG) Act of 2019, S. 963, was introduced by Sen. Tillis and U.S. Sen. Amy Klobuchar (D-MN) on April 1. The bill would amend the Trademark Act of 1946 to allow governmental entities to register their flags, symbols, insignia, and seals at the U.S. Patent and Trademark Office (USPTO).
“Local and state governments have a long and proud history of displaying their flags, insignias, and seals,” Sen. Tillis said. “These entities should have the right to obtain federal trademark registrations and protect these widely used symbols from criminal counterfeits, and I am proud to co-introduce this bipartisan legislation to give them the opportunity.”
Current law prohibits the registration of governmental flags, insignias, and seals. However, Sen. Tillis’ office explained that federal trademark registration would give governments the right to use and protect their flags and other symbols, which could be enforced in federal court. Such a move could also prevent the importation of counterfeit goods and allow municipalities to leverage licensing revenue to help with enforcement.
“Our new bipartisan legislation, the FLAG Act, would amend outdated legislation to make it easier to protect against counterfeit goods and boost local tourist revenues,” Sen. Klobuchar said.
The legislation, which is supported by the USPTO, the American Bar Association, and many states and cities, was also introduced in the U.S. House by U.S. Reps. Martha Roby (R-AL) and Hakeem Jeffries (D-NY) as H.R. 1999.