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Who Is Licensed With The USMC?
USMC Trademark Licensing office can provide a list of current licensees for merchandise with USMC marks.
What trademarks require permission to use from the Marine Corps?
The Eagle, Globe and Anchor emblem, the term Marine Corps, Marines, U.S. Marine Corps, the initials USMC, enlisted rank insignia, unit logos, and USMC slogan, The Few. The Proud, and the official Seal are deemed insignia owned by the United States Marine Corps. This list is not exhaustive, and if you have any questions about any Marine Corps-branded marks, please request permission before proceeding.
Aren’t Marine Corps insignia in the public domain?
No, they are not. Please see 10 USC 7881, as well as 15 U.S.C. 1225 and 10 U.S.C. 2260. In addition to being protected by specific statute, Marine Corps insignia are considered to be trademarks and, as such, are not to be used by third parties without permission. While it is true that works (such as written works) created by Federal employees are generally not protected by copyright, and are in the public domain, this does not apply to trademarks. Also, under 10 U.S.C. 2260, the U.S. Marine Corps may license trademarks and may retain and expend fees received from such licensing, to be used to cover the costs of securing trademark registrations, the costs of operating our trademark licensing program, and to be used for Marine Corps morale, welfare, and recreation activities.
What about fair use? I was told military insignia were fair use.
"Fair use" is a principle of copyright law that allows for the limited unauthorized use of another's original copyrighted work for the purposes of criticism, commentary, news reporting, teaching, scholarship, and research. Commercial sales are not included in fair use. In the trademark law context, “fair use” contemplates the use of another party’s trademark that is not considered to be a “trademark use,” where the use does not function as a brand or identifier of source. While some instances of use of military insignia (such as in the background, or some other incidental use) might qualify as “fair use,” each such use must be reviewed in order to determine if it is a fair use, or a trademark use (requiring a license).
In the context of “fair use,” many Marines have used USMC insignia and slogans (such as the EGA, “The Few, The Proud,” etc.) on personal items such as tattoos, handmade items, the names of their boats, etc. As we do not consider these to be “trademark uses,” we don’t consider them as requiring a license, nor could or would we prohibit such uses if we wanted to.
I’m a Marine Corps veteran and taxpayer. I bled for the Marine Corps Eagle, Globe and Anchor and if I want to make a buck off of it I should have that right!
First, thank you for your faithful service. There are hundreds of thousands of USMC veterans out there who are proud of their military service. Being a veteran does not give one the authority to launch a product line of Marine Corps-branded products. The USMC is the best custodian of its insignia and names which is why Marine Corps-branded products need to first be approved. We are dedicated to working with small businesses and hobbyists and have several programs in place for individuals wishing to create USMC-branded products on a small scale. Please visit our Apply Now section for more information. While your operation may be small, please understand permission to use USMC trademarks is still required.
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 servicemember 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. Permission to create Marine Corps products is not given to the private business owner rather, Department of Defense employees, USMC veterans, retirees, active duty members and their immediate families have an implied license to use the Eagle, Globe and Anchor on personal products such as printed materials, literature, briefings, coins and web sites. These items must be intended for internal use and not for sale, advertising or potential endorsements. All such custom products must adhere to USMC design guidelines. If you are at all confused regarding this matter please contact the Trademark Licensing Office.
Is it difficult to obtain a license agreement?
Yes, it can be difficult. As a popular brand owner the Marine Corps must protect its insignia against incorrect and unauthorized use. Our licensing department is similar to that of other brand owners such as Disney, Nike, the NFL, the NCAA, etc. We have ethical, financial, legal, manufacturing and business standards each of our licensees must adhere to.
I am a small business owner, can I still get licensed to sell Marine Corps products or is licensing for the big guys only?
We offer three licensing programs. One is for large companies, small businesses, and hobbyists. Please visit our "Apply Now" section to determine which program is best for you. If you need help please give us a call, 703-614-7678.
Why do I see the Eagle, Globe & Anchor (EGA) symbol as part of the television program Operation Repo produced by EGA Productions?
EGA Productions is a production company that produces a show by the name of Operation Repo. EGA Productions is owned and operated by a former Marine. The company initially believed it was permissible to use the EGA as part of their corporate branding strategy. We’ve informed them that it is in fact a violation of our trademark, among other things, and EGA Productions has agreed to phase out use of the EGA emblem (though they may continue to use the name EGA Productions, since the USMC has no exclusivity over that acronym). While you may continue to see the EGA emblem as part of content already created, it is no longer being used and has been removed from their website. The takeaway lesson is that it is not okay to use any indicia of the USMC as a brand or trademark without USMC permission.
I'm running for a political office and am a former Marine. Can I use Marine Corps trademarks on my campaign materials?
No, you may not use the official Marine Corps Seal, Eagle, Globe and Anchor (EGA), or any other USMC insignia or trademark in this manner, since it might create the impression that your candidacy is endorsed by or affiliated with the USMC in some way, or that the USMC has chosen your candidacy over other candidates. You are more than welcome, to simply and accurately state that you are a Marine Corps veteran, that's fine, that's a fact. But using the EGA which is a trademark of the USMC, and protected by Federal law (please see 10 USC 7881) is something you may not do. This is consistent with the Marine Corps Uniform Regulations which clearly states that the wearing of the uniform in a political context is strictly prohibited. Please see Section 11002(1)(a)(2) and (3) of the Marine Corps Uniform Regulations.
Can non-Federal colleges, universities and other learning institutions use Marine Corps trademarks in order to promote and advertise their military programs?
No, they may not. Department of Defense and Marine Corps policy and regulations prohibit use of official Marine Corps markings and symbols in ways that imply endorsement of a commercial entity or activity. (See CFR Part 2635.702).
My company has a contract with the USMC. Can we use the Eagle, Globe, and Anchor or other USMC indicia as part of our marketing strategy?
No, even though your company has a contract with the USMC you may not use the EGA as a part of your marketing strategy. As noted above, such unauthorized use would create the impression that your company is authorized or endorsed by the USMC. While it may in fact be true that your company has in fact done work for the USMC, using a USMC emblem or indicia as a way of conveying this information is likely to overstate the relationship and otherwise create appearance issues. You may list the USMC as an entity you do business with, but please use the name only.
I received an official letter from the USMC in 2003 giving me permission to sell Marine Corps products. Is this letter still good or do I need to apply for a license agreement?
The USMC stopped providing permission letters for the commercial use of USMC insignia in November, 2009. If you possess one of these letters you will need to apply for a license agreement if you wish to continue selling Marine Corps merchandise. Today, permission letters are given to those seeking to use Marine Corps insignia in a non-commercial manner, i.e. for use on a monument or memorial. If you have a permission letter for the non-commercial use of Marine Corps insignia then your letter is still valid. Please read the Permission Letter Termination Notice for more information.
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