To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`Hatter, Corey Anthony (corey.a.hatter@gmail.com)
`
`U.S. TRADEMARK APPLICATION NO. 88027950 - CHICAGO MUSCLE - ATHLETIC APPAREL - -
`N/A
`
`10/26/2018 10:43:13 AM
`
`ECOM102@USPTO.GOV
`
`Attachment - 1
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`Attachment - 44
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`Attachment - 60
`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
`
`*88027950*
`
`CLICK HERE TO RESPOND TO THIS
`LETTER:
`http://www.uspto.gov/trademarks/teas/response_forms.jsp
`
`VIEW YOUR APPLICATION FILE
`
`U.S. APPLICATION
`SERIAL NO.   88027950
`
`           
`
`MARK: CHICAGO
`MUSCLE - ATHLETIC
`APPAREL -
`
`CORRESPONDENT
`ADDRESS:
`  
`       HATTER, COREY
`ANTHONY
`  
`       3207 W 85TH
`STREET
`         3207 W 85TH
`STREET
`           CHICAGO, IL 60652
`    
`   
`APPLICANT: Hatter,
`Corey Anthony
`
`    
`
`CORRESPONDENT’S
`REFERENCE/DOCKET
`
`   
`
`  N/A
`CORRESPONDENT E-
`
`NO:       
`MAIL ADDRESS:       
`
`corey.a.hatter@gmail.com
`
`OFFICE ACTION
`
`STRICT DEADLINE TO RESPOND TO THIS LETTER
`TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S
`COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.   A RESPONSE
`TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE
`MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
`
` 
` 
` 
` 
` 
` 
` 
`

`

`ISSUE/MAILING DATE: 10/26/2018
`
`The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to
`the issue(s) below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
`
`SUMMARY OF ISSUES
`
`1)     Refusal under Section 2(b).
`2)     No Specimen.
`3)     Disclaimer Requirement.
`4)     Description is Incomplete.
`
`NO CONFLICTING MARKS NOTED
`
`The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that
`would bar registration under Trademark Act Section 2(d).  TMEP §704.02; see 15 U.S.C. §1052(d).
`
`FLAG REFUSAL
`
`Registration is refused because the applied-for mark includes an American Flag.  Trademark Act Section 2(b), 15 U.S.C. §1052(b); see TMEP
`§1204.  Trademark Act Section 2(b) bars registration of marks that include the flag, coat of arms, or other insignia of the United States, any state
`or municipality of the United States, or any foreign nation.  TMEP §1204.
`
`The attached evidence from the Google® search engine shows the flag from the United States.  It should also me noted that the applicant states
`in its description that the mark features an American Flag.  Accordingly, the applied-for mark includes this particular designation.  Thus, the
`
`applied-for mark includes the actual flag of the United States, in violation of Section 2(b).  
`
`Trademark Act Section 2(b) is an absolute bar to registration on the Principal and Supplemental Registers.  Trademark Act Sections 2(b) and
`23(a), (c), 15 U.S.C. §§1052(b), 1091(a), (c); see TMEP §§1204, 1204.04(a).
`
`Applicant may respond to this refusal by submitting a substitute drawing showing the flag, coat of arms, or other insignia deleted from the
`drawing.  See TMEP §§807.14(a), 1204.04(b).  Deleting this unregistrable matter will only overcome the refusal if it is wholly separable from the
`applied-for mark and its removal does not materially alter the mark.  See TMEP §807.14(a).  Applicant should not delete any other matter from
`
`the mark drawing unless required elsewhere in this Office action.  
`
`SPECIMEN OMITTED
`
`Registration is refused because the application does not include the required specimen showing the applied-for mark in use in commerce in
`International Class 25.  Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a),
`1301.04(g)(i).  An application based on Trademark Act Section 1(a) must include a specimen showing the applied-for mark in use in commerce
`for each international class of goods identified in the application.  15 U.S.C. §1051(a)(1); 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904,
`
`904.07(a).  
`
`Examples of specimens for goods include tags, labels, instruction manuals, containers, photographs that show the mark on the actual goods or
`packaging, and displays associated with the actual goods at their point of sale.  See TMEP §§904.03 et seq.  Webpages may also be specimens for
`goods when they include a picture or textual description of the goods associated with the mark and the means to order the goods.  TMEP
`
`§904.03(i).  
`Applicant may respond to this refusal by satisfying one of the following:  
`
`(1)      
`
`Submit a verified specimen for each applicable international class that (a) was in actual use in commerce at least as early as the
`filing date of the application and (b) shows the mark in actual use in commerce for the goods identified in the application.  A
`“verified specimen” is a specimen that is accompanied by the following statement made in a signed affidavit or supported by a
`declaration under 37 C.F.R. §2.20:  “The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use
`in commerce at least as early as the filing date of the application.”   The specimen cannot be accepted without this statement.
`
`(2)      
`
`Amend the filing basis to intent to use under Section 1(b) (which basis requires no specimen) for each applicable international
`
`  
` 
` 
` 
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` 
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`

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`class.  This option will later necessitate additional fee(s) and filing requirements such as providing a specimen.
`
`(3)      
`
`Delete the Section 1(a) basis and rely solely on the Section 44 basis, for which no specimen is required.
`
`For an overview of all the response options referenced above and instructions on how to satisfy these options online using the Trademark
`Electronic Application System (TEAS) form, please go to http://www.uspto.gov/trademarks/law/S4_1.jsp.
`
`DISCLAIMER - GOODS
`
`Applicant must disclaim all the wording in the mark because it merely describes an ingredient, quality, characteristic, function, feature, purpose,
`or use of applicant’s goods, and thus is an unregistrable component of the mark.  See 15 U.S.C. §§1052(e)(1), 1056(a); DuoProSS Meditech
`Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012) (quoting In re Oppedahl & Larson LLP, 373
`
`F.3d 1171, 1173, 71 USPQ2d 1370, 1371 (Fed. Cir. 2004)); TMEP §§1213, 1213.03(a).  
`
`The applicant is located in Chicago and sells athletic apparel, including shirts known as “muscle shirts.”   See Attached.
`
`An applicant may not claim exclusive rights to terms that others may need to use to describe their goods in the marketplace.  See Dena Corp. v.
`Belvedere Int’l, Inc., 950 F.2d 1555, 1560, 21 USPQ2d 1047, 1051 (Fed. Cir. 1991); In re Aug. Storck KG, 218 USPQ 823, 825 (TTAB 1983). 
`A disclaimer of unregistrable matter does not affect the appearance of the mark; that is, a disclaimer does not physically remove the disclaimed
`
`matter from the mark.  See Schwarzkopf v. John H. Breck, Inc., 340 F.2d 978, 978, 144 USPQ 433, 433 (C.C.P.A. 1965); TMEP §1213.  
`
`If applicant does not provide the required disclaimer, the USPTO may refuse to register the entire mark.  See In re Stereotaxis Inc., 429 F.3d
`1039, 1040-41, 77 USPQ2d 1087, 1088-89 (Fed. Cir. 2005); TMEP §1213.01(b).
`
`Applicant should submit a disclaimer in the following standardized format:
`
`No claim is made to the exclusive right to use “CHICAGO MUSCLE ATHLETIC APPAREL” apart from the mark as shown.
`
`For an overview of disclaimers and instructions on how to satisfy this disclaimer requirement online using the Trademark Electronic Application
`System (TEAS) form, please go to http://www.uspto.gov/trademarks/law/disclaimer.jsp.
`
`DESCRIPTION OF THE MARK IS INCOMPLETE
`
`The description of the mark is accurate but incomplete because it does not describe all the significant aspects of the applied-for mark. 
`Applications for marks not in standard characters must include an accurate and concise description of the entire mark that identifies literal
`
`elements as well as any design elements.  See 37 C.F.R. §2.37; TMEP §§808 et seq.  
`
`Therefore, applicant must provide a more complete description of the applied-for mark.  The examining attorney’s suggestion will not include
`references to the American Flag.  The following is suggested:
`
`The mark consists of two crossed barbell design.  Inside the design are two horizontal lines.  Between the lines are the
`words CHICAGO MUSCLE ATHLETIC APPAREL with two straight lines to the right and left of ATHLETIC
`APPAREL.  Directly below the wording are four 6 pointed stars.
`
`RESPONSE GUIDELINES AND ABANDONMENT ADVISORY – FULL REFUSAL
`
`For this application to proceed further, applicant must explicitly address each refusal and/or requirement raised in this Office action.  If the action
`includes a refusal, applicant may provide arguments and/or evidence as to why the refusal should be withdrawn and the mark should register. 
`Applicant may also have other options specified in this Office action for responding to a refusal, and should consider those options carefully.  To
`respond to requirements and certain refusal response options, applicant should set forth in writing the required changes or statements.
`
`In addition, because applicant filed a TEAS RF application, applicant must respond online using the Trademark Electronic Application System
`(TEAS) to avoid incurring an additional fee.  See 37 C.F.R. §2.23(b)(1), (c).  For more information and general tips on responding to USPTO
`Office actions, response options, and how to file a response online, see “ Responding to Office Actions” on the USPTO’s website.
`
`If applicant does not respond to this Office action within six months of the issue/mailing date, or responds by expressly abandoning the
`application, the application process will end and the trademark will fail to register.  See 15 U.S.C. §1062(b); 37 C.F.R. §§2.65(a), 2.68(a); TMEP
`§§718.01, 718.02.  Additionally, the USPTO will not refund the application filing fee, which is a required processing fee.  See 37 C.F.R.
`§§2.6(a)(1)(i)-(iv), 2.209(a); TMEP §405.04.
`
` 
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`

`

`When an application has abandoned for failure to respond to an Office action, an applicant may timely file a petition to revive the application,
`which, if granted, would allow the application to return to active status.  See 37 C.F.R. §2.66; TMEP §1714.   The petition must be filed within
`two months of the date of issuance of the notice of abandonment and may be filed online via TEAS with a $100 fee.  See 37 C.F.R.
`§§2.6(a)(15)(ii), 2.66(a)(1), (b)(1).
`
`Because of the legal technicalities and strict deadlines involved in the USPTO application process, applicant may wish to hire a private
`attorney specializing in trademark matters to represent applicant in this process and provide legal advice.  Although the undersigned
`trademark examining attorney is permitted to help an applicant understand the contents of an Office action as well as the application
`process in general, no USPTO attorney or staff is permitted to give an applicant legal advice or statements about an applicant’s legal
`
`rights.   TMEP §§705.02, 709.06.  
`
`For attorney referral information, applicant may consult the American Bar Association’s Consumers’ Guide to Legal Help at
`http://www.abanet.org/legalservices/findlegalhelp/home.cfm, an attorney referral service of a state or local bar association, or a local
`telephone directory.  The USPTO may not assist an applicant in the selection of a private attorney.  37 C.F.R. §2.11.
`
`TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL
`REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE:  Applicants who filed their application online
`using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office
`actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3)
`agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application.  See 37 C.F.R. §§2.22(b), 2.23(b);
`TMEP §§819, 820.  TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125
`per class of goods and/or services.  37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04.  However, in certain situations, TEAS
`Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring
`
`this additional fee.        
`
`/Howard Smiga/
`Examining Attorney
`Law Office 102
`571-272-9220
`Howard.Smiga@uspto.gov
`
`TO RESPOND TO THIS LETTER:   Go to http://www.uspto.gov/trademarks/teas/response_forms.jsp.   Please wait 48-72 hours from the
`issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. 
`For technical assistance with online forms, e-mail TEAS@uspto.gov.  For questions about the Office action itself, please contact the assigned
`trademark examining attorney.  E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to
`this Office action by e-mail.
`
`All informal e-mail communications relevant to this application will be placed in the official application record.
`
`WHO MUST SIGN THE RESPONSE:  It must be personally signed by an individual applicant or someone with legal authority to bind an
`applicant (i.e., a corporate officer, a general partner, all joint applicants).  If an applicant is represented by an attorney, the attorney must sign the
`
`response.  
`
`PERIODICALLY CHECK THE STATUS OF THE APPLICATION:   To ensure that applicant does not miss crucial deadlines or official
`notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at
`http://tsdr.uspto.gov/.   Please keep a copy of the TSDR status screen.   If the status shows no change for more than six months, contact the
`Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199.   For more information on checking
`status, see http://www.uspto.gov/trademarks/process/status/.
`
`TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the TEAS form at http://www.uspto.gov/trademarks/teas/correspondence.jsp.
`
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`

`httos //en Wikioedia oiq/wMi/Fiaq oi the United States
`
`10/26/2018 09 25 is AM
`
`Article
`
`Talk
`
`ENmiegged in Talk Contributions Create account Login
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`Read Viewsouice Viewhistoiy
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`ll
`
`Q !
`
`
`Flag of the United States
`From Wlkipedia‘ the free encyclopedia
`
` W1KIPE DIA
`
`The Free Entytlnpedia
`
`Main page
`Contents
`Featured Content
`Current events
`Random article
`Donate to vnnpedla
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`About Wlkipedia
`Community porial
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`In other projects
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`Espafiol
`
`"American Flag” and ”Flag of the USA" redirect here. For other uses, see American Hag (disambiguation). For the flag of the Union of South Africa, see Flag of South Africa (192$1994).
`The flag of the United States ofAmerica, often referred to as the American flag, is the national flag of the United States it consists of thirteen equal horizontal
`United States Of America
`stripes of red (top and bottom) alternating with white, with a blue rectangle in the canton (referred to specifically as the "union") bearing fifty small, white, fiver
`pointed stars arranged In nine offset horizontal rows, where rows of six stars (top and bottom) alternate with rows of five stars The 50 stars on the flag represent
`the 50 states of the United States of America, and the 13 stripes represent the thirteen Elritish colonies that declared independence from the Kingdom of Great
`Britain, and became the first states in the US [it Nicknames for the flag include the Stars and Stripes? Old Glorym and the Star-Spangled Banner,
`‘
`7_
`Contents [hide]
`
`i 1 History
`1 1 Firsttlag
`1.2 Flag Resolution of 1777
`1 3 Designer of the first stars and stripes
`1 4 Later flag acts
`1 5 "Flower Flag" arrives in Asia
`1 6 Historical progression ofdesigns
`i 2 Future of the flag
`i 3 Symbolism
`I 4 Design
`41 Specifications
`4.2 Colors
`4 3 497 and SGstar unions
`4 4 Decoration
`5 Display and use
`5 1 Flag etiquette
`5 2 Display on vehicles
`5 3 Display on uniforms
`5 4 Postage stamps
`5 5 Display in museums
`5 6 Places of continuous display
`5 7 Particular days for display
`5.3 Display at haltestaff
`
`
`
`
`
`
`
`
`
`Use
`Proporlion
`Adopted
`
`Design
`
`The American flag‘ The Stars and
`stripes, Ree White, and Blue; Old
`Giury, The StarrSpangled Banner;
`US flag United States flag
`National liag and ensign
`10.19
`June ‘14; 1777
`(original Hear version)
`July 4‘ 1950
`(current 5051M version)
`Thirteen horizontal stripes alternating red
`and wine in me :arnnn, 50 white stars
`daltematmg numbers at am and five per
`horizontal row on a blue field
`
`
`
`

`

`
`
`httos //en Wikioedia ore/Wiki/Fiao of the United States 10/26/2018 09 25 13 AM
`
`Guam”
`F
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`* ‘rangaissew
`ltaliann
`Pyccsmfii
`Tie'ng Viét
`E%
`”lit
`’A 71 "W9
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`IbflltllHKS
`
`6 Folding for storage
`7 Use in tunerals
`3 Related flags
`8 1 Gallery of related flags
`9 See also
`91 Article sections
`9 2 Associated people
`93 Bibliography
`10 References
`11 Further reading
`12 External links
`
`History
`See also: Timeline of the flag of the United States
`The current design of the U S, flag is its 27th, the design of the flag has been modified officially 26 times since 1777 The 48’star flag was in effect for 47 years until the 49’star version became official on July 4,
`1959, The Sorsmr flag was ordered by the then president Eisenhower on August 21, 1959, and was adopted in July 1960, It is the longesteused version of the US flag and has been in use for over 58 years E4]
`
`First flag
`Main article: Grand Union Flag
`
`a r_
`a V
`
`'1 L '— —
`— ———
`
`the Continental tutors
`(aka the "Grand Union
`Flag")
`
`Hag at the British East India
`Company, 1707—1801
`
`At the time of the Declaration of Independence in July 1776, the Continental Congress would not legally adopt flags With "stars, white in a blue field" for another year. The flag contemporaneously known as "the
`Continental Colors" has historically been referred to as the first national flagm
`The Continental Navy raised the Colors as the ensign of the fledgling nation in the American War for lndependenc¥likely With the expedient of transforming their previous British red ensigns by adding white
`stripes—and would use this flag until 1777, when it would form the basis forthe subsequent dejure designs mm
`The name "Grand Union" was first applied to the Continental Colors by George Preble in his 1872 history of the U 5, flag [6]
`The flag closely resembles the British East India Company flag of the era, and Sir Charles Fawcett argued in 1937 that the company flag inspired the design [Tl Both flags could have been easily constructed by
`adding white stripes to a Britsh Red Ensign, one of the three maritime flags used throughout the British Empire at the time. However, an East India Company flag could have from nine to 13 stripes, and was not
`allowed to be flown outside the Indian Ocean.‘81 Beniamin Franklin once Gave a speech endorsing the adootion of the Comoanv's flaci bv the United States as their national flan. He said to George Washinolon.
`
`

`

`https //en Wikioedia ora/wrki/Flaq of the United States
`
`10/26/2018 09 25 is AM
`
`BIIOWED [0 De 110W" OUBICIE II'IE rnoian ucean ‘7’ benjamin l’l'iii'lKlll'l DUDE gave a speech endorsing [l’le EGOPIIOH [)7 [I19 Company 3 nag Dy [I'IE UnIIBO mates 35 "tel! natlflllal Tlflg rre Sal“ It] USOI’QS VVBSI'III'IQIOI‘II
`'While the field ofyour flag must be new In the details of its design, it need not be entirely new In its elements. There is already in use a flag, I refer to the flag of the East India Company."[91 This was a way of
`symbolising American loyalty to the Crown as well as the United States' aspirations to be selfegoveming, as was the East India Company Some colonists also felt that the Company could be a powerful alty in
`the American War of Independence, as they shared sirnilar arms and grievances against the British government tax policies. Colonist: therefore flew the Company's flag, to endorse the Companyum
`However, the theory that the Grand Union Flag was a direct descendant of the flag of the East India Company has been criticised as lacking written evrdencem] 0n the other hand, the resemblance rs obvrous,
`and a number of the Founding Fathers of the United States were aware of the East India Company's activrties and of their free administration of India under Company rulem In any case, both the stripes (barry)
`and the stars (mullets) have precedents in classical heraldry. Mullets were comparatively rare in earty rnodem heraldry, but an example of mullets representing territorial divisions predatjng the U.S. tiag are
`those in the coat of arms ot Valais m 1ti1 ti, where seven murrers stood for seven distncrs
`
`Flag Resolution of 1777
`On June 14, 1777, the Second Continental Congress passed the Flag Resolution which stated "Resolved, That the flag of the thirteen United States he thirteen stripes, alternate red and white, that the union be
`thirteen stars, white in a blue field, representing a new constellation "M Flag Day is now observed on June 14 of each year. While scholars still argue about this, tradition holds that the new flag was first hoisted
`in June 1777 by the Continental Army at the Middlebrook encampment "31
`The first official U S. flag flown during battle was on August 3, 1777, at Fort Schuyler (Fort Stanwrx) during the Siege of Fort Stanwrx. Massachusetts reinforcemenE brought news of the adoption by Congress
`of the official flag to Fort Schuyler. Soldiers cut up their shirts to make the white stripes, scartet material to form the red was secured from red flannel petticoats of otficers' wives, while material for the blue union
`was secured from Capt Abraham Swartwout's blue cloth coat A voucher is extant that Capt Swartwout of Dutchess County was paid by Congress for his coat for the flag [“1
`The 1777 resolution was most probably meant to define a naval ensign In the late 18th century, the notion of a national flag did not yet exist, or was only nascent The flag
`resolution appears between other resolutions [ruin the Marine Currirrrittee. On May 10, 1779, Secretary of the Board UlW'dl Richard Peters expressed concern 'il is not yet
`settled what is the Standard of the United States "Mi However, the term, "Standard," referred to a national standard for the Army of the United States. Each regiment was to
`carry the national standard in addition to its regimental standard. The national standard was not a reference to the national or navai flagm
`The Flag Resolution did not specify any particular arrangement. number of points, nor orientation for the stars and the arrangement or whether the flag had to have seven red
`1
`stripes and six white ones or vice versa.I 7' The appearance was up to the maker of the ttag Some flag makers arranged the stars into one big star, in a circle or in rows and
`some replaced a state's star with its initial "31 One arrangement features 13 fivepointed stars arranged in a circle, With the stars arranged pointing outwards from the circle (as
`opposed to up), the so-called BeLsy Ross flag This flag, however, is more likely a flag used for celebrations of anniversaries of the nation's birthday. Experts have dated the
`earliest Known example of this flag to be 1792 in a painting by John Trumbull.”
`Despite the 1777 resolution, the early years ofAmerican independence featured many different flags. Most were individually cratted ratherthan mass-produced. While there are
`many examples of 13estar arrangements, some of those flags included blue stripes?” as well as red and white Benjamin Franklin and John Adams, in a letter dated October 3,
`
`Francis Hopkinson's flag for 9
`the us Navy, (“mm-.9 13 5.x.
`minted 5‘25 flanged in laws
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`1778, to Ferdinand I of the Two Sicilies, described the American flag as consisting of “13 stripes, alternately red, white, and blue, a small square in the ripper angle, next the flag ”it
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`staff, is a blue field, with 13 white stars, denoting a new Constellation."ml John Paul Jones used a variety of 13-star flags on his US. Navy ships including the well-documented
`1779 flags ofthe Serapis and the Alliance. The Serapis flag had three rows of eightepointed stars with stripes that were red, white, and blue. The flag for the Alliance, however,
`had five rows of eightepointed stars with 13 red and white stripes, and the white stripes were on the outer edges [22] Both flags were documented by the Dutch government in
`October 1779, making them two or the earliest known flags of 13 starsm]
`
`11931 socalled "Betsy
`Ross“ variant
`
`E
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`Designer of the first stars and stripes
`Francis Hopkinson of New Jersey, a naval flag designer, and a signer of the Declaration of Independence, designed the 1777 flagm] while he was the Chairman of the Continentaf Navy Board's Middle
`Department, sometime between his appointment to that position in November 1776 and the time that the flag resolution was adopted in June 1777 The Navy Board was under the Continental Marine
`Committeelm Not only did Hopkinson claim that he designed the U 8. flag, but he also claimed that he designed a flag for the US Navy. Hopkinson was the only person to have made such a claim during his
`own lifetime, when he sent a letter and several bltIS to Congress for his work These claims are documented in the Journals of the Continental Congress and George Has1ing's biography of Hopkinson
`
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`Hopkinson initially wrote a letter to Congress, via the Continental Board of Admimlty, on May 25, 1780 [26' In this letter, he asked for a “Quarter Cask of the Public Wine" as payment for designing the US. flag,
`the seal for the Admiralty Board, the seal forthe Treasury Board, Continentat currency, the Great Seal of the United States, and other devices However, In three subsequent bills to Congress, Hopkinson asked
`to be paid in cash, but he did not list his U S flag design Instead, he asked to he paid for designing the "great Naval Flag ofthe United States“ in the first bill, the "Naval Flag of the United States“ In the second
`call, and "the Naval Flag ofthe States" in the third, along with the other items. The flag references were generic terms for the naval ensign that Hopkinson had designed, that is, a flag of seven red stripes and six
`white ones. The predominance of red stripes made the naval flag more visible against the sky on a ship at sea By contrast, Hopkinson's flag [or the Unrted States had seven white stripes, and six red ones 7 in
`reality, six red stripes laid on a white background [27] Hopkinson's sketches have not been found, but we can make these conclusions because Hopkinson incorporated different stripe arrangements in the
`Admiralty (naval) Seal that he designed in the Spring of 1780 and the Great Seal of the United States that he proposed at the same time. His Admiralty Seal had seven red stripes?“ whereas, his second U 8
`Seal proposal had seven white oneslzgl Hopkinson's flag for the Navy is the one that the Nation preferred as the national flag. Remnants of Hopkinson's US. flag of seven white stripes can be found in the
`Great Seal of the United States and the President's seat”?! When Hopkinsun was chairman of the Navy Board, his position was like that of today's Secretary of the Navy [3"] The payment was not made,
`however, because it was determined he had already received a salary as a member of Congressmmazl This contradicts the legend of the Betsy Ross flag, which suggests that she sewed the first Stars and
`Stripes flag by request of the government in the Spring of 1776.533194] Furthermore, a letter from the War Board to George Washington on May 10, 1779, documents that there was still no design established for
`a national flag for the Army's use in battle [35]
`The origin of the stars and stripes design has been muddled by a story disseminated by the descendants of Betsy Ross. The apocryphal story credits Betsy Ross for sewing the first flag from a pencil sketch
`handed to her by George Washington. No evidence for this exists either in the diaries of George Washington nor in the records of the Continental Congress. Indeed, nearty a century passed before Ross'
`grandson, William Canby, first publicly suggested the story in 1370.961 By her family's own admission, Ross ran an upholstery business, and she had never made a flag as of the supposed visit in June 1776B"
`Furthermore. her grandson admitted that his ovm search through the Journals of Congress and other official records failed to find corroboration of his grandmother‘s story [38]
`The family of Rebecca Young claimed that she sewed the first flagm Young's daughter was Mary Pickersgill, who made the Star Spangled Banner Flagwml She was assisted by Grace Wisher, an African
`American girl at just 13 years old.” According to rumor, the Washington tamily coat of arms, shown in a 15thrcentury Window 0! Selby Abbey, was the origin of the stars and stripes [“1
`
`Later flag acts
`See also: Flag Acts (us J
`In 1795, the number of stars and stripes was increased from 13 to 15 (to reflect the entry of Vermont and Kentucky as states of the Union) For a time the flag was not changed
`when subsequent states were admitted, probably because it was thought that this would cause too much clutter It was the 15-star, 15-stripe flag that inspired Francis Scott Key
`to write "Defence of Fort M'Henry", later known as "The Star Spangled Bannei“, which is now the American national anthem. The flag Is currently on display in the exhibition,
`"The StarSpangled Banner The Flag That Inspired the National Anthem" at the Smithsonian Institution National Museum of American History in a Mastery display chamber
`that protecLs the flag while it is on Viewm]
`
`On April 4, 1818, a plan was passed by Congress at the suggestion of U S Naval Captain Samuel C. ReidHEJ in which the flag was changed to
`have 20 stars, With a new star to be added when each new state was admitted, but the number of stripes would be reduced to 13 so as to
`honor the original colonies. The act specified that new flag designs should become official on the first July 4 (Independence Day) tollowmg
`admission of one or more new states The most recent change, from 49 stars to 50, occurred in 1950 when the present design was chosen,
`afler Hawaii gained statehood in August 1959 Before that, the admission of Alaska in January 1959 prompted the debut of a short-lived 49-star
`[46]
`
`flag Prior to the adoption of the 4B-star flag in 1912, there was no official arrangement of the stars in the canton, although the U S. Army and US
`
`Oil painting depicting the 39 Q
`historical U 5. flags
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`.
`.
`-
`-
`Navy used standardized designs. Throughout the 19th century there was an abundance of different star patterns, rectangular and circular.
`On July 4, 200! , the btxstar tlag became the version at the tlag in longest use, surpassing the 4&er tlag that was used trom 1912 to 1959.
`
`Flower Flag arrrves In Asra
`The U.S. flag was brought to the city of Canton (Guangzhou) in China in 1734 by the merchant ship Empress of China, which carried a cargo of ginseng.[m There it gained the
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`1&5Lar, 159an Star
`Spangled Banner