PROTECT Act

The PROTECT Act proposes to amend the Trademark Act of 1946, aiming to safeguard the official emblems and insignia associated with United States military awards. Its primary purpose is to prohibit private entities from registering trademarks that are authorized, issued, or controlled by the government for Department of Defense or Armed Forces awards, decorations, ribbons, or medals. This legislation introduces a new provision to the Trademark Act, specifying that such marks cannot be registered by private parties. However, it allows for an exception where a government agency or department may, at its discretion, permit the registration of a mark it controls. A crucial aspect of the bill is its grandfather clause , which ensures that any person or entity, including nonprofit organizations, lawfully using such a mark before the act's enactment date may continue that use without interruption. Nevertheless, after the bill becomes law, only the relevant government agency or department will be permitted to register these specific marks on the principal register, thereby preventing new private registrations.