Municipal Trademarks: How Cities Are Using the USPTO to Protect Their Brands

In recent years, cities and towns across the United States have begun to recognize the value of branding and the legal tools available to protect it. Municipalities are increasingly turning to the U.S. Patent and Trademark Office (USPTO) to register trademarks for logos, slogans, and city names. While trademarks have traditionally been associated with private businesses, local governments are discovering their utility for protecting civic identity, promoting tourism, and managing public perception.

Why Would a City File for a Trademark?

The Fourth Circuit had previously upheld the District Court’s decision to award nearly $43 million in disgorged profits against Dewberry Group, despite the fact that most of these profits were earned by affiliated companies that were not named as defendants in the case.

Municipalities have a growing interest in trademarks as part of broader branding and economic development strategies. Four key reasons local governments may pursue trademark protection:

Creating and Preserving a Specific Identity: To foster and maintain control over official logos, slogans, or promotional materials.
Support Economic Development: To create a consistent brand for tourism, business attraction, and local pride.
Enforce Brand Rights: To prevent unauthorized use of city symbols on merchandise, websites, or promotional content. See City of New York v. Blue Rage, Inc., 435 F. Supp. 3d 472 (E.D. N.Y. 2020) (The court held that the City could enforce its federally registered NYPD and FDNY trademarks against a retailer selling unlicensed merchandise).

As municipalities increasingly market themselves like private-sector brands, trademarks have become valuable tools to safeguard their identity in the commercial space.

Real-World Examples: Trademarks Filed by Cities

Several cities across the Southeast have successfully registered trademarks with the USPTO:

City of Bristol, Tennessee: Registered U.S. Trademark No. 5512888 for a stylized city logo.
City of Greenville, South Carolina: Holds U.S. Trademark Nos. 5744232 and 4365310
protecting city-related branding and promotional slogans.
City of Spartanburg, South Carolina: Registered U.S. Trademark No. 5073110 for a modernized city mark.

These filings reflect a growing awareness that a city’s name, reputation, and imagery can be legally protected when used to promote civic initiatives.

Can Governments Even Register Trademarks?

Yes, they can, but there are a few nuances. According to the Trademark Manual of Examining Procedure (“TMEP”) §803.03(f), governmental entities, including municipal corporations, are eligible trademark applicants. The applicant must identify itself correctly, typically as “The City of [Name], a municipal corporation organized under the laws of [State].”

Trademark registration is not automatic. Governmental bodies must meet the same requirements as private applicants: the mark must be used in commerce, it must be distinctive, and it must function as a source identifier for specific goods or services, not merely as an ornamental design or government seal.

Legal Challenges: When City Marks Get Rejected

Even when a city owns a distinctive logo or phrase, the USPTO may refuse registration if the mark fails to meet trademark use requirements. A notable example is In re City of Houston, 731 F.3d 1327 (2013), where the USPTO challenged whether the city’s seal truly functioned as a trademark or simply as a symbol of authority.

As detailed in TMEP §1204.02(c), marks that merely reproduce official insignia may be refused if they do not appear to serve a commercial source-identifying function. Similarly, TMEP §1204.04(b) warns that using a seal on merchandise (like mugs or T-shirts) does not automatically constitute proper trademark use unless the mark acts as a brand, not just decoration.

Enforcement: What Rights Does a Registered City Mark Provide?

Once registered, a municipal trademark gives the city nationwide rights to use the mark in connection with the registered goods or services. It also empowers the city to:

Send cease-and-desist letters to unauthorized vendors.
Oppose confusingly similar applications.
License the mark for official tourism or event materials.
Potentially sue for infringement if the mark is misused.

Final Thoughts

Cities are no longer just government entities, they are also brands. As municipal governments invest in visual identities, slogans, and promotional campaigns, federal trademark registration offers an essential legal foundation to support those efforts.

Whether it’s Bristol’s welcoming motto, Greenville’s stylized branding, or Spartanburg’s modern mark, cities across the U.S. are recognizing the value of securing and protecting their public image, not just for civic pride, but for long-term economic development and legal control.

If your municipality or government agency is facing unauthorized use of its branding or trademarks, or if you're unsure how to establish enforceable rights, contact Twisdale Law, PC for strategic guidance and legal support.

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Municipal Trademarks: How Cities Are Using the USPTO to Protect Their Brands