Background The Tennessee Trade Mark Act of 2000 allows for the registration of trademarks with the Secretary of State and provides protection for officially adopted logos, symbols, words, brand names, etc. Once registered, only the trademark’s owner may decide how the mark may be used, published, and distributed. The Act provides the owner of a registered trademark the right to bring civil action against any party that uses its trademark without authorization and to seek a number of remedies, including injunctions and monetary judgments. The Act does not apply to most municipal logos and symbols, as both state and federal law prohibit the registration of any trademark that is comprised of the flag or coat of arms or other insignia of the United States, any state or municipality, any foreign nation, or any simulation thereof. Many municipal logos and symbols include flags, coats of arms, or other elements that closely resemble, if not replicate, those of other local, state or foreign governments and; therefore, are not protected under the state’s trademark laws. As such, there is no clear course of action a municipality may follow when one uses its logo or symbol without permission. Problem When a local government logo or symbol is reproduced in a publication, in a solicitation, in a display, or on a Web site without permission, it may incorrectly imply official sponsorship or endorsement by the local government. Proposed Legislation Prohibit the unauthorized use of officially adopted governmental logos and symbols in displays, solicitations, publications, and on Web sites. Benefits Allowing local governments to prevent the unauthorized use of their logos and symbols will provide protection against implications typically associated with an official sponsorship or endorsement.
