DOD Trademark Licensing Guide

The Department of Defense (DOD) Policy and Executive Services Division within the Office of the Assistant to the Secretary of Defense for Public Affairs (OATSD(PA)) is responsible for educating non-Federal entities (NFEs) – commercial and not-for-profit – and individuals about the use of official seals and other protected logos, insignia and marks of the DOD and Military Services. While intended to inform all NFEs about how these marks may and may not be used, this guide is focused particularly toward leaders and key staff of national veteran service organization (VSO), institutions of higher education, and military service organizations. Commercial entities with questions about use of Military insignia also will find some guidance herein.

We understand that the use of Military Service seals, emblems, logos, and coats of arms by NFEs on products, programs, and through social media is usually intended in good faith to honor and show support of our Armed Forces. We also understand that there are many military appreciation events and other special circumstances with dedications to our Service members where event organizers may wish to use the Military Service marks.

Veterans who serve in the military may aspire to continue their public service by running for an elected position. While it is natural for a candidate to want to inform voters of his or her service, Military Service marks should not be used as part of political campaigns, inasmuch as it could create an appearance of endorsement for that candidate.

Many people are unaware that these official DOD and Military Service marks are protected by law from unauthorized use. The Lanham Act, also referred to as the Trademark Act, dates back to 1946. Other trademark licensing laws and regulations, such as 10 U.S.C. 2260 and 32 CFR 507.10, exist that give the DOD, each Military Service, and other DOD Components authorization to protect, retain intellectual property licensing fees, and license their names, insignia, seals, symbols, phrases, and similar identifiers.

Consequently, when the DOD seal or Military Service insignia are used without permission, the Department(s) may take appropriate action upon notification.

This document is intended to serve as a guide to not only educate NFEs about Military Service intellectual property but also to ensure that when use is authorized, NFEs use the correct, accurate, high resolution identifiers for the Military Services. This guide is not inclusive, but addresses our most frequently asked questions regarding use of our protected marks. It is also designed for requestors to recognize their specific circumstance and know whether their request will be favorably considered or denied. Please consider this information prior to contacting a Military Service Trademark Licensing Program Office.

If you have questions, feel free to contact the OATSD(PA) at: osd.pentagon.pa.mbx.cpo-review@mail.mil or contact the Military Service Trademark Licensing staffs found in Part I of this document, to address your matters.

The following DOD and Military Seals may be used only by the Military Departments for official purposes and are protected by law from unauthorized use. These seals may also be displayed in Federal buildings, but not on other Federal agency flyers or other promotional material. These seals are not authorized on county, state, or Federal modes of transportation.

Military Services and other DOD Components have many other protected insignia that are both graphic and word marks. Some of those marks include, but are not limited to, the ones below. Each Military Service has a Trademark Licensing Program Office that manages not only the Military Service headquarters' trademarks but also unit insignia. These emblems, coats of arms, initials, symbols and other military identifiers (hereafter referred to collectively as "Military Service marks") may not be used without prior written permission. Some Military Service slogans and acronyms may also be protected and require prior written permission before use.

Military Service marks commonly found on the Internet are not legally authorized for use by NFEs without prior written permission from the appropriate Military Service Trademark Licensing Program Office.

NFEs shall refrain from attempting to register trademarks which include, incorporate and/or are based on Military Service marks.

Military Service marks must not be used in ways that may imply endorsement, sponsorship or other official affiliation with NFEs.

Whenever making a permissible use of a Military Service mark, NFES must display a prominent disclaimer, such as "This activity supports the U.S. military and its veterans; however, it is not officially connected to or endorsed by the U.S. Department of Defense or any of its branches."

Commercial entities that receive DOD certification and approval to operate cloud based services or to operate in other areas are not authorized or permitted to use the DOD seal, except in rare instances where a contractual agreement may permit limited use. An approval to operate does not equate to a DOD endorsement. Companies may place a disclaimer on their page.

Possible disclaimer without the DOD seal: "This (company name/service/website) is an authorized service for DOD users. DOD use of this service/website does not imply endorsement."

County and state Departments of Veterans Affairs may use military service marks, not the Service seals, on official literature to veterans as well as in connection with monuments and military appreciation events. Prior approval must be sought for other uses of Military Service marks.

No NFE shall falsely advertise, or otherwise represent falsely through the use of any Military Service mark whatsoever, that any project, service, or business in which it is engaged, or product which it manufactures, deals in, or sells, has been in any way endorsed, authorized, or approved by a Military Service or the DOD. (See 5 CFR Part 2635.702 and the DOD Joint Ethics Regulation, DOD 5500.7-R.) In instances where an NFE has actually provided goods and/or services to a Military Service, and wishes to inform the public of this fact, that NFE may use the Military Service's name, but not the Military Service's mark, and should do so in a manner that is factual and does not create the appearance of endorsement by that Military Service.

After obtaining permission from the appropriate Military Service Trademark Licensing Program Office, authorized uses of Military Service marks may include Military Service memorial monuments, military appreciation events, or other special occasions. Please note there is no substitute for the DOD Seal, and there is NO optional graphic that represents the DOD.

Unless as otherwise authorized by law, the use of Military Service marks, including reproduction on merchandise, is expressly prohibited without written permission from a Military Service Trademark Licensing Program Office. Use will be governed by the terms of the permission granted. In all instances, unless otherwise authorized under the Special Rule for Departments of Veterans Affairs or Part III of this guide under Patriotic Holidays and Programs and Special Events, please consult the appropriate Military Service Trademark Licensing Program Office below to attain a written determination regarding your request to use any Military Service marks.

Non-Federal Entity (NFE)

Generally, Military Service marks are not permissible as part of an NFE's identity. Additionally, permission to use Military Service marks does not extend to those organizations with special statutory authorizations for particular support as listed in DOD Instruction 1000.15.

Exceptions may include, but are not limited to, military relief societies listed in 10 U.S. Code 1033(b) and 1589(b) and Military Department regulations.

NFEs desiring to display Military Service marks in their hallways, breakrooms, or public areas as a show of military appreciation will be considered on a case-by-case basis. However, the rule of thumb lies in the guidelines found in Part IV, Student Veterans Lounges of this guide.

NFEs may display flags bearing Military Service marks in a patriotic manner that shows respect and honor for members of the Armed Forces. Flags containing Military Service marks may not also display an NFE name or logo.

Definition of Veteran Service Organization (VSO)

For the purpose of this guidance, VSOs are defined as those NFEs recognized by the Secretary of Veterans Affairs for the purpose of preparation, presentation, and prosecution of claims under laws administered by the Department of Veterans Affairs, as provided in Section 5902 (formerly Section 3402) of Title 38, U.S.C. and Sub Section 14.628(a) and (c) of 38 Code of Federal Regulations.

VSOs may display Military Service marks on etched glass entrance ways, partitions, banners or plaques within the confines of their physical headquarters, lodges, chapters, posts, etc. Refer to Part III of this document for more information.

Permissible: Factual statements or "re-purposing" of information from official Military Services or DOD websites and social media pages may be permitted only if compliance with this guidance is satisfied and no appearance of endorsement, affiliation, or sponsorship is created.

Permissible: Still and motion imagery captured at a public event where military participation occurred may be displayed on an NFE page provided the imagery is relevant to the organization, and a caption is provided to put the imagery in context. Use of the imagery may not be used to imply DOD endorsement, affiliation, or sponsorship. Guidance found at http://www.dimoc.mil/resources/limitations applies.

State License Plates

Military Services may approve the use of armed forces insignia on state motor vehicle license plates issued by the State to an individual who is a member or former member of the armed forces. See 10 U.S.C. 1057

Service Medals and Ribbons

Generally, the reproduction or display of decorations that are awarded to our Service members that recognize their valor, heroism, contributions, and achievements is not permitted on social media websites, for wholesale/retail sales, or other purposes without prior written authorization from the relevant Military Service or The Institute of Heraldry.

An image of the Medal of Honor or Purple Heart is permitted only in rare cases such as for U.S. Post Office stamps, States Department of Motor Vehicle License Plates (where an applicant must show his or her DD214 as proof of award), the Congressional Medal of Honor Society, and the Military Order of the Purple Heart.

These decorations may be authorized for manufacture solely for the purpose of award to our Service members for their sacrifices and accomplishments.

Internet Presence

Military Service marks are not permissible as part of an NFE's online presence. Military Service marks and identifiers may not be used to bolster online presence, imply DOD endorsement, or for promotional or fundraising purposes, including, but not limited to, use on associated websites and social media pages. Any NFE that has a contractual agreement with a Military Service or DOD Component, the terms of that agreement supersede instructions in this guide.

When NFEs are developing or updating websites or any other location where they maintain a presence, they should be cognizant of the Government Website Public Use Notice of Limitations at http://www.dimoc.mil/resources/limitations regarding the use of visual information containing images of military persons in uniform, places with military identifiers, and military equipment for advertisement, marketing, promotion, or solicitation purposes. Actors or models in generic military uniforms might be permissible.

Bridge and Highway Signage Dedications

Generally, the use of Military Service marks is permitted. However, prior written approval must be obtained from the appropriate Military Service Trademark Licensing Program Office.

Non-Scripted Television, Scripted Television, and Motion Pictures

Use of official DOD or Military Service seals is not permitted. Military Service marks may be used with prior written permission stipulated in a Production Assistance Agreement issued by the relevant Military Service Motion Picture Liaison Office and coordinated with the Military Service Trademark Licensing Program Office. This applies, but is not limited, to all banners, signage, displays, or other décor.

We understand and appreciate the desire of NFEs to display Military Service marks to honor and show support for members of the Armed Forces. We also understand that there may be special dedications or appreciations to honor our Service members. Generally, the Military Service Trademark Licensing Program Offices should provide a written decision regarding proposed use of any Military Service mark. This section is intended to not only provide limited exceptions and authorizations to use Military Service marks but also to enforce the protection of the Military Services' intellectual property rights.

Patriotic Holidays and Programs

The Military Service Trademark Licensing Program managers agree that approving each and every patriotic program that displays a Military Service mark is not realistic. Therefore, they have agreed to permit NFEs to display the Military Service marks, shown in Part I, on programs, banners, social media sites, and flags for Memorial Day, Armed Forces Day, Independence Day, and Veterans Day, without first obtaining further written authorization. However, there must be no use of any Military Service mark with any NFE name, logo, or language that implies endorsement by, or connection with, the DOD or the Military Services. Please include disclaimer language on programs, web sites, and other published or accessible material.

Special Events: Parades, School Assemblies, Sporting Events, and Funerals

Generally, Military Service flags may be carried as part of a color guard during parades, funerals, sporting events, and school assemblies.

Parades that commemorate Memorial Day, Armed Forces Day, Independence Day, and Veterans Day are subject to the following:

• Banners used in parades may not include the official DOD or Military Service seals.
• Banners may contain Military Service marks only
• Banners may have supportive language such as:
• “[NFE name] supports members of our Armed Forces”
• “Serving members of the Army, Marines Corps, Navy, Air Force, Space Force, Coast Guard, National Guard, and Reserves.”
• Generally, banners containing the NFE’s name or logo may not also display any Military Service mark.

School Assemblies or Funerals for Veterans may include a color guard comprised of military veterans. Military veterans may wear the patches of units in which they served, including paraphernalia and medals they earned, subject to legal restrictions and applicable Military Service uniform regulations.

Individual Recognition for Military Service. The respective Military Service flag or mark (not the seal) may be displayed on a program for individuals being honored for their military service.

Licensing of Goods and Products

The manufacture or distribution of products that contain Military Service marks requires written license permission from the appropriate Military Service Trademark Licensing Program Office. For the purpose of this guidance, distribution methods include, but are not limited to, online, mail orders, and/or direct sales. If you are a retailer, please ensure you only sell merchandise that has been licensed by the relevant Military Service Trademark Licensing Program Office(s).

Licensing of Commercial Services

Military Service marks generally are not licensed for use in connection with services, for example, providing insurance, providing investment advice or other financial services, and trade services such as plumbing and construction.

Advertising, Fundraising, and Membership Drives

The use of Military Service marks is prohibited for all advertising, fundraising and membership drive activities, regardless of the notification platform (e.g., direct mailer, social media, or NFE website).

Commemorative bricks bearing military marks may not be used as part of a fundraising effort.

Permissible: The posting of an image that depicts an actual event, with an accompanying cutline that places the image in context, may be permissible. However, special scrutiny should be given to ensure compliance with additional DOD guidance found at http://www.dimoc.mil/resources/limitations. See also 'Internet Presence' under Part II of this document.

When DOD guest speakers acting in their official capacity address a NFE, the name of the Military Service or DOD agency, not the organizational mark, may be listed in promotional material.

Like other NFEs, colleges and universities (whether singular or plural "C&U") must abide by the rules of engagement related to the appropriate use of Military Service marks protected by law and the DOD Trademark Licensing Program.

The following guidance addresses the most frequently asked questions and helps requestors recognize their circumstance and be guided (whether permissible or non-permissible) in their request. Please consult the appropriate Military Service Trademark Licensing Program Office (see Part I) for a written decision regarding your specific request.

Military Service Academies (USMA, USNA, USAFA, USCGA, USMMA)

The Military Service academies are under the jurisdiction of their respective Military Service and are thereby authorized to use the Military Service seals for official purposes only. Military Service marks may be used on any cadet products or paraphernalia and must be purchased from vendors authorized by a Military Service Trademark Licensing Program Office to sell those products.

DOD Voluntary Education Partnership Memorandum of Understanding Signatory Schools

The DOD Voluntary Education Program provides off-duty civilian high school, vocational-technical, undergraduate and graduate educational opportunities to U.S. military personnel worldwide. These services are provided through the respective Military Services and their local education centers.

C&U that hold a valid Memorandum of Understanding (MOU) or other agreement with the DOD Voluntary Education Program, or with any individual Military Service under any other authority, are not exempt from the guidelines applicable to all other C&U. Signatories may not use Military Service marks to promote their educational services; however, they may reference the name of the Military Service in a factual manner, and in a manner which avoids any appearance of endorsement. This includes, but is not limited to, information displayed on websites, publications, marketing and promotional materials, and social media pages.

Public Plaques, Displays, Booths and Memorials

Use of official DOD or Military Service seals is not permitted. See Part I for further guidance. Military Service marks may be used with prior written permission from the specific Military Trademark Licensing Program Office. This applies to all public memorials, including public-facing walls, banners, displays, or other décor. Exceptions (with prior written permission) may exist for:

• Displays, including banners and other décor located in veteran designated spaces only
• Student veteran memorial walls that include names of Service members only
• Reserve Officers' Training Corps (ROTC) programs on C&U campuses

C&U orientation events, including student veteran booth displays should rely on traditional marketing and branding efforts, rather than on Military Service marks use, to attract veterans.

Patriotic Special Events

The use of Military Service marks may be authorized on flags and written programs for special events recognizing patriotic holidays -- Memorial Day, Armed Forces Day, Independence Day, or Veterans Day -- only if C&U branding is not also incorporated. Please consult the appropriate Military Service Trademark Licensing Program Office(s).

Sports Teams and Athletics

Limited written permission to use protected Military Service marks may be considered on a case-by-case basis for team uniforms during military appreciation events or games. Each respective Military Service Trademark Licensing Program Office must be contacted at least 60 days in advance of the event or game to obtain this limited consideration. See Part I for contact information.

ROTC Units

Active ROTC units are allowed to use official Military Service seals in accordance with applicable DOD policies and procedures.

Veterans Coins, Pins and Related Items (e.g.,hats, mugs, pins, decals lanyards, other swag items)

Due to the appearance of endorsement, the manufacturing or distribution of Military Service and C&U co-branded coins, lapel pins and related items is not authorized. Prohibited co-branding includes Service marks on one side and a VSO name, symbol on the opposite side.

Permissible: Student veterans may purchase from a Military Service authorized vendor licensed coins or pins that contain only Military Service marks.

• These coins and pins manufactured under a valid Military Service licensing agreement may be distributed among student veterans who are associated with a particular C&U.
• These permitted coins and pins must only be purchased from licensed manufacturers. A listing of companies authorized to manufacture and sell these coins and pins may be available by contacting the appropriate Military Service Trademark Licensing Program Office. Refer to Part I for contact information.

Graduation Gowns, Stoles, and Caps with Military Service Marks

At this time, C&U are not permitted to contract with a third party vendor to manufacture and sell graduation gowns, stoles, or caps with Military Service marks or identifiers to student veterans.

However, C&U may purchase graduation gowns, stoles, or caps, which display a particular Military Service mark, from an approved vendor, and provide any of the mentioned items to graduating Service members at no additional cost to the graduating Service member.

Permissible: Graduating Service members may purchase a single gown, stole or cap and affix personal Military Service marks to the graduation clothing or independently purchase the graduation gown, stole or cap that contains a Military Service mark from an approved vendor. Service members should contact the appropriate Military Service for further guidance. Refer to Part I for contact information.