In re United States Department of the Interior

142 U.S.P.Q. 506 (1964)

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In re United States Department of the Interior

United States Patent and Trademark Office Trademark Trial and Appeal Board
142 U.S.P.Q. 506 (1964)

Facts

The United States Department of the Interior (department) (applicant) applied to register a service mark for the National Park Service. The mark included the words “National Park Service” in capital letters on an arrowhead design with images of a mountain, tree, and bison also appearing on the arrowhead. Registration was refused because (1) the United States government was not a juristic person and, therefore, not a proper applicant under the Lanham Act and (2) the matter for which registration was sought consisted of an insignia of the United States that was excluded from registration under the act. The department appealed.

Rule of Law

Issue

Holding and Reasoning (Shyrock, J.)

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