How to Make a Coat of Arms Official
Coats of arms were used by ancient families of noble descent as an identifying mark and symbol. Despite some sources that might suggest otherwise, coats of arms are not linked to a particular name but are a form of intellectual property that passes from one owner to another. This means most individuals have no claim whatsoever to a coat of arms. While registration with an ancient college of arms might be possible in a minority of cases, the best protection for a newly developed coat of arms, making it "official," is to use it for commercial purposes and obtain a trademark through the U.S. Patent and Trademark Office.
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Instructions
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Design your original arms. To be eligible for a trademark, a new coat of arms must be distinct and it must be specific. Thus, while using traditional designs for inspiration can be helpful, a certain amount of creativity is required. While a vast majority incorporate a shield and crest into the coat of arms, there is also wide variation.
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Search for existing trademarks. The USPTO's Trademark Electronic Search System (TESS) contains more than 4 million pending, registered and dead federal trademarks. TESS is designed to allow for searches by trademark holder, elements of the mark, and combinations of elements. It doesn't provide concrete answers about whether your particular mark is distinct enough to be trademarked, but it does provide enough information for you to use your judgment about what is available.
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Use commercially. An official coat of arms might be perfect for a family business. By placing the coat of arms somewhere on a product, it becomes incorporated into the product and therefore becomes eligible for trademark protection, similar to a logo. The commercial use of the coat of arms is what's known as the "basis" for the trademark application. Since the U.S. can only regulate interstate commerce, the intended commercial use should involve trade across state lines or with a foreign entity.
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Register your trademark. In addition to filling out application documents, the process of registering a trademark includes submitting a specimen of the mark, which means an actual instance of its usage on a product. Certain fees will also be required depending on the services required from the trademark office.
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Tips & Warnings
Once a trademark is issued for your coat of arms, it is officially the intellectual property of the trademark holder and cannot be used by any other party in the United States. E-commerce is a fast way to meet the interstate commerce requirement for trademark basis.
A trademark can be lost due to lack of use. Be sure to maintain documentation of the trademark's use to help ensure enforceability.
