What happens when a military branch doesn’t have its own trademark

If you use the Marine Corps' iconic eagle, globe and anchor to try and make a buck, you're gonna hear about it real fast. In fact, almost any use of an official government seal, logo or name will usually result in a cease and desist letter…
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If you use the Marine Corps’ iconic eagle, globe and anchor to try and make a buck, you’re gonna hear about it real fast.

In fact, almost any use of an official government seal, logo or name will usually result in a cease and desist letters. The same goes for using insignia, symbols, phrases, and mottos from any branch of the military.

Except maybe the new Space Force. That cease and desist letter might come from Netflix — because the Department of Defense didn’t quite get to it in time.


The new Netflix show from Greg Daniels and starring Steve Carrell is stealing the spotlight from the military’s sixth branch, almost everywhere, including the U.S. Patent and Trademark Office.

Netflix snagged the trademark in many countries around the world before the branch could actually stand up, according to The Hollywood Reporter. While the Air Force’s trademark application for rights in the United States is still pending, Netflix is winning the race in Europe, Australia and Mexico.

It’s first come, first serve at the Patent Office, and Netflix was much faster, applying for the trademark rights in January 2020, even though President Trump ordered the Pentagon to create an independent Space Force as far back as 2018.

Could the show be confused with the actual branch of the military by those seeking it out? The Air Force says no.

“At this time, we are not aware of any trademark conflicts with the fictional program ‘Space Force’ produced by Netflix,” an Air Force spokesperson told The Hollywood Reporter. “We wish Netflix and the show’s producers the best in their creative depiction of our nation’s newest branch of the military.”

On the internet, however, “Space Force” the show continually overshadows Space Force the military branch. Press releases get confused and then buried in Google search results. On Twitter, the show has the handle @realspaceforce while the real Space Force has to settle for @SpaceForceDoD. Even the Space Force recruiting commercial can’t compare to a “Space Force” teaser trailer – in viewership, anyway.

There’s one area where the military’s Space Force might best the Netflix show: reviews. The show has not gone over well with critics and viewers.