Authored By Tim O’Keeffe, Esq. & Aidan Hickey, J.D.
The United States Patent and Trademark Office (USPTO) maintains a Native American tribal insignia database, which serves as a resource for trademark examiners to identify and refuse applications that contain the insignia of federally recognized Native American tribes without permission. The tribal insignia database is a collection of symbols, logos, and other visual representations that are used to identify Native American tribes and organizations.
Many Native American tribes view their insignias as sacred and deeply meaningful symbols tied to their cultural identity. They are also often used to represent the tribe’s sovereignty and self-determination. The purpose of the database is to protect Native American tribes’ cultural and intellectual property rights by preventing unauthorized use of their insignias. The database contains over 2,700 insignias of federally recognized tribes, which are updated regularly in consultation with the tribes.
If the tribe is using the insignia in commerce, as required by trademark law, they may file a trademark application for their insignia and or name, but trademark examiners use the database to ensure that other trademark applications do not contain a Native American tribal insignia without permission from the relevant tribe. If an application is found to contain an unauthorized insignia, it may be refused, and the applicant may be required to obtain permission from the tribe before proceeding with the application for the trademark.
The unauthorized use of Native American tribal insignia can be harmful to tribal nations in several ways. For one, it can contribute to the cultural appropriation of Native American cultures, which involves the taking of cultural elements from a minority culture by a dominant culture, which can lead to the commodification and trivialization of Native American cultures. Unauthorized use of Native American imagery can also overshadow and erase the cultural significance of the insignia or image to the tribe. Furthermore, the unauthorized use of Native American tribal insignia can also lead to confusion and misrepresentation. For example, a company that uses a tribal insignia on its products may be perceived as having the endorsement or approval of the tribe, when in fact the tribe has not given its consent. This can lead to misunderstandings and damage to the reputation of both the tribe and the company.
In addition to registering and protecting tribal insignia, the tribal insignia database is also a valuable resource for companies and individuals who are seeking to use Native American insignias in a respectful and appropriate manner. The database can help them identify which insignias are associated with specific tribes and organizations and ensure they are using the imagery with the appropriate permissions.
Overall, the tribal insignia database serves an important role in protecting the rights and cultural heritage of Native American tribes and organizations. It helps to prevent the unauthorized use of tribal insignia and promotes the respectful and appropriate use of these symbols.