US Military Trademarks and Copyrights

[Martin Boekers]

First off.... I don't want this thread to lead down the path of why we should or should not pay a Licensing Fee to use these type of images..... :D What I am curious about is has anyone actually talked with someone that is in charge of the process for this? If so... will each branch have its own fee and process? What about other Government offices, are they included. What I have been finding is that Branch insignias, you have to send a copy for each thing you want to make for approval, that really wouldn't work in our industry as most pieces are unique. Will this also include Commands, Wings, Groups, Squadrons and "retired art and emblems etc? Already some sites that I routinely go to for art have changed and what I could find quickly is no longer available. It seems this process has started to pick up some steam.....

[Nathan Shaffer]

Martin,
Yeah, I just discovered that too. I went to find SMSgt Stripes and found that they took off the .EPS files. I did a search and found them on other Air Force sites. So pulled all ranks and has many badges that I could. If I understand the copyright statement for the Air Force: if are are DoD Employees, immediate family, veterans, have implied consent to use Air Force trademark and symbol on things. But we cannot use it for sale, advertising or endorsement. The website trademarks af mil has links to the sister services licensing offices. But in the end I really do not know how you could continue to pull needed files unless you can work with the Base graphics shop/PA to get images. The graphic artist here will let me have art has long as I am not making any money off of it.

V/R
Nathan

[Chuck Stone]

You can apply to each branch of the military for permission. They usually want to see a
sample and you have to fill out some paperwork. It isn't painful, and there are different
types of licenses available. (making money is OK, but it has to be within their guidelines)
Few of the military logos are trademarked or copyrighted (after all, most government
works are owned by the public, who paid for them) but some of them are.
That is not to say that a particular graphic file doesn't have a copyright on it.. it doesn't
hurt to check.

I have some of the documents, but they're from 2011 and I don't know if they're current.
Also don't know if the people are still in those positions, so I won't post it. But if you inquire,
they'll all send you info like Licensing Process, Trademark Licensing Qualification Standards,
and an application.
If you go to any of the military branches' websites, you'll see links to get info on using
the trademarks

[Chuck Stone]

here's an excerpt from the Army qualification standards (2011)

Trademark Licensing Qualification Standards

The U.S. Army Trademark Licensing Office has created this sheet to provide applicant qualification information to companies interested in having the U.S. Army consider their unsolicited proposals for the licensing of U.S. Army trademarks. Before filling out our license application please read these terms in order to make a self determination of your company’s likelihood of being approved for a possible U.S. ARMY license agreement. If your company decides to apply for a license agreement it should review the Terms and Conditions described below, and submit the completed application form and required information to the Trademark Licensing Office by e-mail or mail. The U.S. Army Trademark & Licensing office will review the information you submit and make a determination as to whether your unsolicited proposal qualifies for the U.S Army Licensing Program. No decision can be made by the Trademark & Licensing Office until all of your application information has been received and verified. An overview of the pre-qualification process is set forth below.

1. How It Works. The Army Trademark Licensing Office represents the United States Army for the licensing of U.S. ARMY owned trademarks and insignias (the “U.S. ARMY Marks”). U.S. ARMY Marks include, among others, the Seal, Emblem, Symbol, Logo, the words ARMY, U.S. ARMY, and ARMY STRONG.
The pre-qualification process requires that you submit certain information about your company for review by the U.S. ARMY licensing office. Reviewing these terms and conditions is the first stage of a licensing process that involves several stages. If the information you submit on your company matches the criteria for the U.S. ARMY licensing program established by U.S. ARMY (which criteria may change from time to time), we will contact you about the possibility of your company licensing Army Marks; however any such license would be the subject of a separate written agreement between your company and U.S. ARMY. Neither our request for information nor your reply to the request for information constitutes an offer to contract or a solicitation by U.S. ARMY to offer a contract to your company.

2. Minimum Requirements. In order for your unsolicited proposal to be considered for the U.S. ARMY licensing program, your company MUST:
a. Have a minimum of three years experience in manufacturing and distribution;
b. Be a product owner, meaning you are seeking an agreement for products under your control, responsibility;
c. Have the ability to pay an Advance Payment of $1,000.00 (due upon completion of the final license agreement) and be able to generate sales sufficient to meet the minimum royalty guarantee on a quarterly basis; (typically $5,000).
d. Maintain product liability insurance from a licensed insurance carrier with an Individual limit of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) Aggregate limit and;
e. Be in compliance with all federal, state and local laws and, where applicable, international rules and regulations, including all applicable labor laws.

3. Requesting a Waiver. You may request a waiver for any of the above Minimum Requirements. When requesting a waiver please specify which requirement/s you are unable to meet and why you feel a waiver should be granted. Waivers can only be approved by the Director of the U. S. Army Trademark Licensing Program.
Waivers are not for everyone, meaning do not request a waiver just for the sake of requesting a waiver. Those who may qualify for a waiver are, hobbyists, disabled veterans, Purple Heart recipients, small business owners and small businesses who have previously held a U.S. Army permission letter and are currently selling products in the Army Air Force Exchange and/or Veteran’s Canteen Service.
Please understand our Trademark Licensing Office handles a variety of licensing requests ranging from hobbyists to billion dollar corporations.
Information Required for the License Application. You will be required to submit the following information on your license agreement application:
a. A completed trademark license application, which includes detailed information about your company and its officers, financial information, and experience, as well as a detailed business plan and other information about your proposed use of the U.S. ARMY Marks;
b. Business History;
c. Product catalog or sell sheets;
d. Dunn and Bradsheet credit rating. (applications without the D&B rating will not be approved)
4. Prohibited Content. Your pre-qualification information should NOT include any confidential or proprietary creative ideas or products. Accordingly, when you send us information about your company, do NOT include confidential or proprietary information, such as product concepts, designs, ideas, original artwork, or other original creative materials or suggestions. This is necessary to prevent possible future misunderstandings when products developed by our own employees or licensees might seem to others to be similar to their own creative work. You acknowledge and agree that U.S. ARMY at all times has many products and projects in various stages of development, and that the results of these endeavors may be similar or identical to your own products or projects.

Unsolicited Submissions of every kind and nature, throughout the world, shall be entitled to unrestricted use of the Unsolicited Submissions for any purpose whatsoever, commercial or otherwise, without compensation of any kind to the provider of the Unsolicited Submissions.
5. Categories of Products Not Licensed by U.S. ARMY. We do NOT license U.S. ARMY Marks in the following product categories and distribution channels:
Weapons

Tobacco or Alcohol products

Products with sexual references

Products promoting extreme violence

Products which contain political activism

Products containing harsh language

Products which promote criminal activity

Products which discredit the United States or Army

6. Submission of Information. It is important that you follow the procedures outlined above. Once the Trademark Application form is completed, please e-mail it and all other requested information to; paul.c.jensen2@us.army.mil
7. Please note that we do not accept any fax submissions; all applications must be submitted by e-mail or mail. You will receive by e-mail an acknowledgement that your license application has been received. This is not an acknowledgement that the information is being considered. If the information you submit on your company matches the criteria for the U.S. ARMY licensing program established by U.S. ARMY, you will hear from U.S. ARMY within 90 days. If you do not hear from us within 90 days, please be advised that your company has not met the criteria for the U.S. ARMY licensing program established by U.S. ARMY.
8. Risk of E-mail Communications. You acknowledge and agree that e-mail is inherently not a secure method of communication, that third parties may access information sent by you to the U.S. ARMY by e-mail, that U.S. ARMY makes no representations about the security of information sent by you to U.S. ARMY, and that U.S. ARMY will not be liable for any disclosure to or subsequent use by third parties of confidential or other information sent by you to U.S. ARMY.
9. Limitations and Restrictions. All information in the application form must be filled in as directed. You understand that a failure to comply with this requirement is grounds for disqualification. Nothing contained in these Terms and Conditions is intended to limit U.S. ARMY’s sole and complete discretion to accept or reject any licensing proposal. Providing the information requested by U.S. ARMY in no way implies or guarantees that your company will be granted a license to any Army Marks.

[Jesse Anderson]

That sure is allot of rules and regulations. I never ran into any problems doing business with people in the military or Airforce. Using all sorts of logo's ect..

[Mike Chance in Iowa]

It's interesting that Martin & Chuck have submitted samples of work in order to obtain approval, yet in Chuck's document, item #4 is all about not submitting samples of work.

[Chuck Stone]

That was one of the documents from the Army. I just grabbed part of an old email
that had some info in it. At a later time, they'd want samples, but not of proprietary
prototype nature.. not until they know what you're doing with the logo.

The marines were a bit more up front about the samples.


UNITED STATES MARINE CORPS

SMALL BUSINESS/HOBBYIST LICENSE APPLICATION
(Please Print or Type)

Thank you for your interest in United States Marine Corps (USMC) trademark licensing. This form allows us to get to know you and your company better, so please answer the questions as completely as possible.

**This is a SMALL BUSINESS/HOBBYIST License Application designed for companies and individuals grossing less than $15,000.00 total sales annually. If you or your company gross more than $15,000.00 annually in product sales, then please fill out our standard LICENSE APPLICATION**

STEP ONE: APPLYING FOR A LICENSE

To begin the licensing process, you must complete the following steps:

▪ Complete the application in full, providing USMC with information needed to best review your request.

▪ Provide a representative sample of each product that you plan to produce and or sell bearing any USMC insignia. Catalogs and/or e-mail photos of products are acceptable. The samples must illustrate your planned method of enhancement. However, the USMC reserves the right to request a non-returnable sample of the licensed product prior to executing the Small Business License Agreement.

▪ Once you have completed the application, send it with the other required elements to the United States Marine Corps Public Affairs, Trademark Licensing Office at the address at the end of this application, and keep a copy of the application packet for your records. The Trademark Office will review each application based on the information provided and if your application is approved, you will receive a licensing packet. If your application is not approved, you will be notified in writing.

**Applications submitted without all of the above-mentioned items will not be processed**

STEP TWO: THE LICENSING PROCESS

Once your application has been approved for license, you will receive a licensing packet. You must complete the following steps in their entirety and receive a fully executed agreement before you may begin production:

▪ Sign and return the Small Business License Agreement

▪ If requested in the proposed Small Business License Agreement, submit a certificate of product liability insurance that names the USMC as
additional insureds.

▪ If requested in the proposed Small Business License Agreement, submit the company’s identification tag or label that will appear on all products.

▪ All artwork must be approved by the Marine Corps Public Affairs, Trademark Licensing Office prior to production.

**Authorization to produce products bearing USMC marks will not be granted until the company or individual has completed the licensing process in its entirety and received an executed standard license agreement.

STEP THREE: LICENSE MAINTENANCE

Once the licensing process has been completed, the Trademark Licensing Office will forward an executed copy of the Small Business License Agreement to you or your company. To keep your license in good standing, you must remember to:

▪ If required in the Small Business License Agreement, maintain product liability insurance coverage for each license that you hold, and make sure that a copy of your current certificate of insurance is on file with USMC.

▪ Always secure written approval of artwork from the Trademark Licensing Office prior to production.

▪ Submit a sales volume report annually so we may track your progress.

Once again, this is not a contract. You are not authorized to use USMC marks until: 1) you receive a fully executed Small Business Trademark License Agreement, 2) your products and graphics have been approved, and 3) you have provided our office with evidence of product liability insurance if required.


COMPANY INFORMATION

Company/Owner Name:_____________________________________________ _____

World Wide Web Address: ________________________________________________

Primary Address (No PO Boxes): __________________________________________________ ____________________

Street

__________________________________________________ ____________________

City State Zip/Postal Code Country
Primary Contact: __________________________ Title:_________________________

Telephone: _______________ Fax: _____________ Email: ____________________

Entity Type: ÿ Corporation ÿ Limited Liability Company
ÿ Partnership ÿ Hobbyist ÿ Other _________________

Years in business: ____________

FINANCIAL INFORMATION

Does your company have a D & B Number? ÿ Yes ÿ No
If so, current D & B Rating: ______________

Please include a copy of your most recent D & B report.

Does your company carry product liability insurance? ÿ Yes ÿ No

Carrier: ______________________ Individual and aggregate limit: _______________


BUSINESS HISTORY

Company sales volume for most recent year: $_____________________________

Company sales volume for previous year: $_____________________________

USMC product sales volume for most recent year: $____________________________

USMC product sales volume for previous year: $____________________________

In what distribution channels are you requesting approval?

Percent of Current or Anticipated Sales Volume


Department Stores: ______________ Toy Stores: ______________

Internet Web Sites: ______________ Catalog Sales: ______________

MCX (Exchange): ______________ Discount Stores: ______________


Specialty Stores: ______________ Other (specify): ______________

Craft Shows: ______________ Custom Orders: ______________



LICENSING HISTORY

Does your company currently manufacture products under license? ÿ Yes ÿ No
If Yes, – Current primary licenses held:

License 1

Company: __________________________________________________ _____

Licensed Property: ________________________________________________

Products: __________________________________________________ ______

Number of year’s license held: _________ Royalty percentage: ____________

License 2

Company: __________________________________________________ _____

Licensed Property: ________________________________________________

Products: __________________________________________________ ______

Number of year’s license held: _________ Royalty percentage: ____________

PROPOSED PRODUCT INFORMATION

Identify U.S. Marine Corps properties for which you are seeking a license (e.g. Eagle Globe and Anchor, USMC initials, term U.S. Marine Corps: __________________________________________________ ____________________

__________________________________________________ ____________________

Description of product(s) and estimated prices per unit for each product you seek a license:


Product Estimated Wholesale Price Estimated Retail Price







Requested territory to be covered (e.g. U.S. and its territories, Worldwide): __________________________________________________ ____________________

Requested term of license agreement (how many years would you like to be licensed?): __________________________________________________ ____________________



Will the product(s) be used in conjunction with any other proprietary marks? (e.g. Nike swoosh):
ÿ Yes ÿ No If Yes, identify marks: ______________________________________


Please describe your quality control procedures: ______________________________

__________________________________________________ ____________________

__________________________________________________ ____________________

Have any products you produced ever been involved in a product liability claim?
ÿ No ÿ Yes If yes, please explain: ________________________________________

__________________________________________________ ____________________

__________________________________________________ ____________________


MARKETING AND MANUFACTURING INFORMATION

Proposed advertising budget for U.S. Marine Corps licensed products: ________________

Describe any advertising, promotion materials, or programs you plan to use to market the U.S. Marine Corps products: __________________________________________________ ____________________

__________________________________________________ ____________________

__________________________________________________ ____________________

Will you or your company actually manufacture the product(s): ÿ Yes ÿ No

If yes, location of manufacturing plant (city/country): ____________________________

If no, identify manufactures or subcontractors where the licensed products will be made:

Company: __________________________________________________ _____

Address: __________________________________________________ ______

Street

__________________________________________________ ______________

City State Zip/Postal Code Country

Contact/Position: __________________________________________________

Telephone Number: ______________________ E-mail: __________________

Does the manufacturer or any sub-contractor use any child labor in the manufacturing process? ÿ Yes ÿ No (If yes, attach details regarding working conditions and pay on a separate sheet of paper.)

ADDITIONAL INFORMATION

Please enclose any additional information you believe will help the U.S. Marine Corps evaluate your license request. This additional information should include but not be limited to providing the following:

 Non-returnable USMC product sample for evaluation of materials, quality and workmanship.

 Catalogs, brochures and promotional materials that display your company’s
products.

 Materials or drafts showing how your company proposes to use the U.S. Marine Corps emblem on products.

 Any other information that demonstrates your company’s proposed products.


PROSPECTIVE LICENSEE STATEMENT

The undersigned hereby affirms that answers to the above questions are true and complete, except where such question calls for estimates or projections, and that all questions have been answered in good faith and to the best of the applicant’s knowledge.

Name and Title of individual supplying information: ____________________________

Signature: ______________________________________ Date: ________________


RETURN COMPLETE APPLICATION TO:

Headquarters Unites States Marine Corps
Public Affairs (PA)
Attn: Trademark Licensing Office
3000 Marine Corps Pentagon
Room 4B548
Washington DC, 20350-3000

CONTACT US:

703-614-7678 (phone)
Trademark_licensing@usmc.mil


FREQUENTLY ASKED QUESTIONS


Why Have A Licensing Program?
A trademark licensing program gives the United States Marine Corps (USMC) control over its logos and marks, thus, ensuring the quality and consistency of all of the licensed merchandise. It also enables the USMC to generate revenue from the sale of merchandise bearing its logos and marks. The revenue is used to support the trademark licensing program and enhance Morale, Welfare and Recreation programs for America’s Marines world wide. Outside of the USMC, the trademark licensing program creates a cooperative and positive working relationship with the manufacturers and retailers who work with the USMC. What Qualifies As A Trademark?
Any mark, logo, symbol, nickname, letter(s), word(s) or combination of these that can be associated with the USMC qualifies as a trademark.
What Products Can Be Licensed?
Military members, families and the American public generate many great ideas for new products displaying USMC marks. Products will be considered and must be approved by the Marine Corps Trademark Licensing office. No products will be licensed without the approval of this office. This ensures all products associated with the USMC are of high quality and good taste and, ensures the non-approval of potentially hazardous items.
Who Needs A License?
Anyone wishing to use the marks, logos and symbols of the USMC commercially must obtain a license.
What If You Do Not Get A License?
All products must be approved by the Marine Corps Trademark Licensing office. Failure to obtain a license or approval would be grounds for the seizure of all non-approved merchandise bearing USMC marks. It also could result in jail time and numerous fines if convicted.
Who is responsible for the program?
The organization responsible for the Trademark Licensing Program for the USMC is:
Headquarters United States Marine Corps
Public Affairs (PA)
Trademark Licensing Office
3000 Marine Corps Pentagon
Room 4B548
Washington DC, 20350-3000
703-614-7678 (phone);703-697-5362 (fax)
Trademark_licensing@usmc.mil

How Can You Obtain A License Application?
Anyone who wishes to obtain a license to produce merchandise must submit a license application. This application informs the USMC of how its marks will be used, what type of product the applicant makes, how the USMC is going to be represented, etc. Applications can be obtained by contacting:
Trademark Licensing Office
3000 Marine Corps Pentagon
Room 4B548
Washington DC, 20350-3000
703-614-7678 (phone);703-697-5362 (fax)
Trademark_licensing@usmc.mil

How Long Until I Receive A Determination On My Application?
Requests to use any Marine Corps marks on commercial products or endorsements require a minimal of 30 days for approval. However mission requirements may prolong the process.
Who Is Licensed With The USMC?
USMC Trademark Licensing office can provide a list of current licensees for merchandise with USMC marks.

[Dave Sheldrake]

Efficient, Straight to the point, Effective

God bless the Marine Corps

best wishes

Dave

[Keith Outten]

I was just awarded a contract to fabricate and install a very large sign for the US Army. The sign contains a unit logo, however because my customer is The Army the rules concerning copyright infringement or permission to duplicate do not apply. In fact I make sure that they provide the artwork to me for any project they commission my company to produce.

In the future this will be the only way I would consider using a Military insignia ever again. It has to be a job commissioned by a branch of the Military. When the rules start looking like a legal encyclopedia it just isn't worth the time or the legal risks.

BTW, I recently found out that if you want to do business with a Military organization you need to visit the SAM web site and acquire a CAGE Code. Apply early as it can be a long wait getting certified and the CAGE Code has to be renewed every twelve months.....but there is no fee involved.

The System for Award Management (SAM)
http://www.sam.gov

I hope this little bit of information helps. We are still waiting for our SWAM certification from the State of Virginia which is taking longer to acquire than the CAGE Code from the Feds :(
.

[Mel Fulks]

Keith , I can't be sure why its taking so long ,but I hear the governor might need a new Rolex. Old one had to be sent back.

[Keith Outten]

Mel,
[Laugh On]
1- I'm pretty sure the Governor of Virginia has problems to solve right now that are more important to him than the fate of any small business in the Commonwealth :)
2- Before he leaves office he might follow the example of the Military and sign a bill into law that prohibits our citizens from engraving any state insignia or logo :)
3- I will continue to be patient and wait my turn to receive the State's blessing knowing that I will get my turn to participate in the system on election day :)

Thanks for the heads up!
[Laugh Off]
Thanks!

[Jesse Anderson]

I never had to apply for anything... Trophies, Awards, Signs, Emblems, Logo's, and personal logo's... My wife is retired and was at one time a pretty high ranking. I am a civilian and cannot get on base unless she provides her ID.. They salute her when she drive through the gate... We go to one of the offices and i sit at a desk with my computer and talk with one of several people that need something... Have not charity work, free engravings and a fund raiser for events.

Never even cared. About copy rights. Either did the people i did them for..

All is well in my world.

[Chuck Stone]

I never had to apply for anything... Trophies, Awards, Signs, Emblems, Logo's, and personal logo's...

Never even cared. About copy rights. Either did the people i did them for..



That's great for you, but it isn't the same thing as being legal.
Not all that many of the military marks are trademarked. and most
government works are in the public domain by default. But there are
some works that are trademarked, and it isn't cheap to get a trademark.
And once you have it, you MUST defend your mark or lose it. That can make
some lawyers pretty aggressive. Probably best not to draw attention to your
previous good fortune

[Jesse Anderson]

With much respect to every one, I can draw all the attention i want. A government organization approached me to do work. And i will certainly do it.. And even get a fancy check from the government with a cool water mark and hologram.. Along with a letter from the governor thanking me for doing charity work for this and that... Along with a little piece of paper i carry around that people read and sign about trademarks and liability..


I can see a big deal over large companies and popular logo's.. I have even had large companies ask not to use a logo or graphic.. Yes i understand the law and why people get trademarks and copyrights.. I understand and agree.. Its better to follow the rules then to learn from a mistake..

If the government wants a copyrighted government logo from my company i will do it for them.
If a service man wants a mug engraved of his unit or organization then i will do it..
If a mother of a lost service man wants a logo engraved on a urn i will do it..

In some cases "Not all" its mostly "©
® A
℗
™
" ""My own personal joke""
You have to take it seriously but not literally.

I bet 99 percent of Americans are guilty of breaking a ordinance, law, rule, regulation or policy... Pages and pages of rules, laws, ordinances, regulations, and laws that are setup for a reason. And being ignorant or not knowing is not an excuse. For most people there is a fine line between right and wrong..

Regardless you still have to be careful... I do understand..... Do not agree in some cases.

[Mike Null]

Generally speaking, I feel that doing engraving using military logos, emblems, shields etc, when done for a department or an individual who has standing will not get you in any trouble. When you are trying to use these emblems to sell a product on a mass basis there is a need to get an approval. Likewise, the seals of all the services are off limits. No approval will be granted for them or for the DOD seal.

This isn't an official position---just my practice.

I do not solicit nor do I accept federal government work. I do work for the USPS though-being paid for each order with a credit card.

[Martin Boekers]

With due respect Jesse, things are changing quickly on this. Some sites that were available for art work are already gone. The Marines for ex, have a whole process already in affect just for the ETSY site. They have had ETSY remove any products using their symbols logos etc. I have had contact with the Air Force on this and as I understand it. (disclaimer, my understanding may not be as intended. :) ) There are different levels, shops like mine and other awards shops need a limited use license. This allows us to do one offs, custom pieces etc. It does get more involved if you want to do long run stand alone products such as hats, Shirts etc. Mike, use of Seals are available, just extra steps on the approval process. You will notice though many companies have things that are very close to resembling Seals. Classic Medallics has a nice selection of disc Seals. One thing I'm not sure of is how they qualify dollar amount of business. If the say under $5k does that mean $5k of business using say Marine Corps Art or $5k in all business? The military is like any other business, they want to control their branding.

[Dave Sheldrake]

I was quite surprised to see the Epilog US site using the US Presidential Seal as a demo piece.

http://www.epiloglaser.com/photo_gallery.htm

When this from Cornell seems to makes the use of the Presidential seal quite clear.

http://www.law.cornell.edu/uscode/text/18/713

Tom over at LaserBuzz also distributes numerous Military Logos for use on lasers, I didn't see any mention of a license requirement to use them though.

It doesn't seem to be something that is routinely enforced, that said, even though I love having holidays the idea of Federal Prison isn't a destination that really appeals to me.

cheers

Dave

[Mike Null]

I think Tom may have run into an issue recently. He can comment more on that.

We are a country which just spent $100 million on a headquarters building in Afghanistan that the commanding general repeatedly said wasn't necessary. Does it make sense that the same government is going to fuss over making a plaque for a veteran?

[Martin Boekers]

I realize that folks have been doing things for many years and never had an issues, as I said those times are changing. As Award Shops we will have a different set of agreements in place, as our products are one ups and typically ordered through a service member. I think this is more geared to higher volume vendors. Epilog has used various things as samples through the years from Disney to Harley Davidson. I'm sure if they ever get a letter they will quit doing that. Now the Presidential Seal is a whole different story...... :0

One other aspect is Gov does not want products to imply endorsement.... that always has been a given....

[Dave Sheldrake]

I tend to be the same Martin,

I have agreements in place for any intellectual property or trademarks I use, surprisingly one such Rights holder after being emailed charged me 1 US Dollar for a commercial rights license simply because I asked and didn't take. Others allow me to use a "likeness" but not their name and so on.
Sometimes just asking yields great results :)

cheers

Dave

[Mark E Wilson]

I have never had a problem. I think they are more after the guys printing tons of stickers, shirts, etc making money and not including them with royalties. I think if you are making something for an individual service member you are fine.

Some handy sites: http://www.defense.gov/multimedia/web_graphics/
http://www.af.mil/News/Art.aspx
http://www.tioh.hqda.pentagon.mil/UniformedServices/Uniformed.aspx#top

Mark

[Martin Boekers]

I have never had a problem. I think they are more after the guys printing tons of stickers, shirts, etc making money and not including them with royalties. I think if you are making something for an individual service member you are fine.

Some handy sites: http://www.defense.gov/multimedia/web_graphics/
http://www.af.mil/News/Art.aspx
http://www.tioh.hqda.pentagon.mil/UniformedServices/Uniformed.aspx#top

Mark


The AF Art site has been modified, I have used it for years, it was easy to navigate. It had EPS files as well as jpgs. Now it is more difficult and I'm not sure if it has all the
content the previous site did.They are moving forward with this. It will be different than in the past. Some here have had their ESTY shops shut down until they got
approval. It's so easy to find images and where they come from today, so I imagine in the near future even small business web pages will be notified.

I'm not sure there is requirements for royalty payments, more a one time/annual fee for certain levels. Talking with the AF there is a limited license for award and gift shops.
I don't believe this costs anything. I may be wrong on that as this is new territory. I do believe that it is more in "control" of the brand.


Nice work on the models! I am familiar with the C-130 as being here at Scott AFB. I have thought about creating some aircraft models that fly out of here, but time always gets in the way. :)

[Scott Woodson]

Martin,

I was recently approached (OK, told to stop) selling USMC marked items until I obtained a hobbyist license. I also talked to a few others about this topic and it seems as though the services are getting pinched in the budgeting process and are turning to this as a source of revenue. I was told for the most part proceeds from the licensing going towards their Morale Welfare & Recreation funds. I am now also filling out paperwork and submitting samples of artwork, I guess the times are changing. I have had several people that have come to me last minute and asked for items for retirements and I'm hesitant to do the production without obtaining permission (read paying for additional licenses). There used to be a rule that unit commanders could authorized the use of unit logos and service members can reproduce certain aspects of service ensignia to "personal" use. I do wonder if an item is ordered by a military member for personal use, does this constitute permission?

[Dave Sheldrake]

I do wonder if an item is ordered by a military member for personal use, does this constitute permission?

Probably a question for .gov but looking at it another way, if a camera man from LucasFilm asks me to make Star Wars items the chances are the boss there isn't going to like it even though said Cam guy may have permission himself. If the serviceman / lady had a laser or printer I would assume that is the intention behind "personal use". If the service person was an employee that would probably be ok. (heh I'm no lawyer of course)

Asking often gets what you want in the end and doesn't always cost anything :)

cheers

Dave

[Mike Null]

The government did not change the rules to generate income. They are exercising more control to prevent commercial marketers (volume sellers and speculative sellers) from misusing any of the marks.

If a vet comes to you for a plaque you can make it without any approvals. The same applies to a family member or friend who wants to present it as a gift.

For those who choose to get the approvals, go ahead, it's not such a big deal, but for onesies it's overkill.

[Tom Buzz Bernard]

The government did not change the rules to generate income. They are exercising more control to prevent commercial marketers (volume sellers and speculative sellers) from misusing any of the marks.

If a vet comes to you for a plaque you can make it without any approvals. The same applies to a family member or friend who wants to present it as a gift.

For those who choose to get the approvals, go ahead, it's not such a big deal, but for onesies it's overkill.

You are correct Mike...here is an excerpt from the Marine Corps License FAQ page

Can I create and sell products directly to Marine Corps members using the Marine Corps name and Eagle Globe and Anchor without a license agreement?

The commercial sale of Marine Corps products requires licensing. However; if you are a business owner, let's say you are a custom t-shirt manufacturer and a service member approaches you about making 25 custom t-shirts for their unit. In this case you may create and sell to them the custom product they are requesting. However; if you are not licensed you may not advertise that you can create Marine Corps branded products. Only official USMC Licensees may advertise their Marine Corps branded products.

[Mike Null]

Scott

Would you be so good as to identify the individual who told you to stop selling Marine Corps marked items? I would question their authority.

[Chuck Stone]

Martin,

I was recently approached (OK, told to stop) selling USMC marked items until I obtained a hobbyist license. I also talked to a few others about this topic and it seems as though the services are getting pinched in the budgeting process and are turning to this as a source of revenue.

I don't believe revenue is the issue. And it is important to understand the difference between
copyright and trademark. Copyright is automatic. And many of the government's copyrights are
owned by the public. (their employer) Some military logos are privately copyrighted and not official.

But trademarks are different. Those MUST be defended against misuse, or they risk
losing the trademark. Using someone's trademark implies that they endorse your product
and that you have their permission and support in the endeavor. The trademark is their
brand. They need to be able to control how their brand is seen and how their mark is used.
That is why not all cream filled cakes are called Twinkies and not all sneakers are called Nike.

Most military marks (those not trademarked) are OK to use when military member hires
you to do the work. There's a difference between doing work for hire and you going out
and promoting your product as being endorsed by the US Marine Corps. In the case of
work for hire, the product is never yours. You only the raw materials and tools you are
using them to make a product for someone who does have the authority to use the mark.

[Scott Woodson]

Scott

Would you be so good as to identify the individual who told you to stop selling Marine Corps marked items? I would question their authority.

Mike,

The individual worked in the USMC trademark and licensing office. The hobbyist license cost $25.00 but is predicated on the income you derive from the products. While speaking with the trademark office I was informed that they currently allow you to do work for individual members of the service, but not to advertise as Tom B pointed out in another post. I personally believe that eventually the services will start to look at that avenue as well as a way to generate revenue.

Scott

[Mike Null]

Scott

thank you.

As for me, I would question his authority to tell you to stop.