APRIL 18, 2023 – Over the years, being in the military has been seen as a show of strength and patriotism. While not every person gets to enlist in the military, that doesn’t mean they can’t show their patriotism in other ways, like getting clothing or décor items with military symbols.
Even though most Western countries do not prohibit the use of military symbols by civilians, their use comes with some limitations due to the sensitive nature of some. And if you are considering the commercial use of military symbols, it is important that you first understand the limitations of their use to avoid getting into trouble.
But worry not, as this guide highlights several things about using military symbols for commercial purposes.
You May Need Permission
The use of military symbols for commercial purposes is governed and controlled by a governmental agency. In Canada, this role is played by the Canadian Armed Forces Trademark Licensing Program in conjunction with the Department of National Defence. In the United States, the Department of Defence regulates military symbols.
Generally, using military symbols as a show of patriotism and support for service personnel is allowable. For example, a civilian could display a military badge on their jacket or a military flag on their home or office without violating the law or needing official permission from the military.
However, if the purpose for displaying the symbol is to make a profit, then you may need to get proper licensing from the relevant bodies, failure to which you could be faced with a lawsuit.
Securing a License for Commercial Use of Military Symbols
Acquiring a license to use military symbols can vary by country. In Canada, the process begins with going to the Department of National Defense’s (DND) website and downloading the application form, which you fill out with the required information.
Required information includes your contact information, the purpose for which you intend to use the symbol, and a sample to show how you intend to use the symbol. Upon filling out the application form and attaching the sample, you will need to mail them to the DND for review.
If approved, you are issued a license to use military symbols commercially. The license comes with terms and conditions for using military symbols, with violations leading to revocation or further criminal action.
In most cases, the DND will issue you a cease and desist letter before taking any legal action. So if you have received one, be sure to talk to a skilled IP lawyer to help you understand what to do and what not to do when dealing with cease and desists letters from DND.
License Violations
Countries have different terms and conditions for using military symbols. But there is almost a common approach to a limitation which, when not observed, will result in a violation and consequently legal action.
Situations that constitute violations include using military symbols and insignia for marketing to suggest the military endorses the products being sold. However, if the military has awarded a company a contract, they can state such facts in their marketing without using symbols. You also cannot use military symbols for fundraising as it could imply that the military is endorsing the fundraiser.
Additionally, military symbols cannot be used on political campaign material or by candidates. This includes when the candidate may have served in the military and have in their possession symbols such as badges acquired in their time in service since the military is nonpartisan on political matters. However, there is no prohibition against stating that they served in the military for political mileage.
Final Words
Even without the law, military symbols are “sacred,” and any patriotic person will want to hold them with the esteem they deserve. So if you feel that it would be disrespectful to use military symbols in a certain way, even if it is not mentioned in this guide, you probably should not use it in that way for patriotic and legal reasons.