To:
`
`Subject:
`
`Sent:
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`Sent As:
`
`Attachments:
`
`Til Valhalla Project, LLC (mitch@gibneylaw.com)
`
`U.S. TRADEMARK APPLICATION NO. 88041017 - TIL VALHALLA PROJECT EST. 2017 - 18-153-
`TM-CL
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`11/7/2018 5:51:38 PM
`
`ECOM126@USPTO.GOV
`
`Attachment - 1
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`Attachment - 33
`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
`
`U.S. APPLICATION
`SERIAL NO.   88041017
`
`           
`
`MARK: TIL
`VALHALLA PROJECT
`EST. 2017
`
`*88041017*
`
` 
` 
` 
`

`

`CLICK HERE TO RESPOND TO THIS
`LETTER:
`http://www.uspto.gov/trademarks/teas/response_forms.jsp
`
`VIEW YOUR APPLICATION FILE
`
`CORRESPONDENT
`ADDRESS:
`  
`       MITCHELL
`GHANEIE
`  
`       LAW OFFICE OF L.
`JACK GIBNEY
`         8777 SAN JOSE
`BLVD.
`           SUITE 502
`    
`    JACKSONVILLE,
`FL 32217
`APPLICANT: Til
`Valhalla Project, LLC
`
`    
`
`CORRESPONDENT’S
`REFERENCE/DOCKET
`
`   
`
`  18-153-TM-CL
`CORRESPONDENT E-
`
`NO:       
`MAIL ADDRESS:        mitch@gibneylaw.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: 11/7/2018
`
`INTRODUCTION
`
`The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to
`the issues below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
`
`SEARCH OF OFFICE’S DATABASE OF MARKS
`
`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).
`
`However, applicant must address the following.
`
`SUMMARY OF ISSUES:
`
`·       Refusal under Trademark Act Sections 1, 2 and 45 - Goods not in Trade
`·       Refusal Under Trademark Act Section 2(b) - Simulation of Flag
`·       Advisory regarding Response Option - Deletion of Refused Matter
`·       Requirement for a Disclaimer
`·       Requirement for an Amended Description of the Mark
`
`REFUSAL UNDER TRADEMARK ACT SECTIONS 1, 2 AND 45 - GOODS NOT IN TRADE
`
`Registration is refused because the following goods in International Class 020 in the application do not appear to be “goods in trade”:   memorial
`plaques made of wood.  Trademark Act Sections 1, 2, and 45, 15 U.S.C. §§1051-1052, 1127; TMEP §1202.06(b).
`
`“Goods in trade” are items that an applicant sells or transports in commerce for use by others.   See Lens.com, Inc. v. 1-800 Contacts, Inc., 686
`F.3d 1376, 1379-80, 103 USPQ2d 1672, 1675 (Fed. Cir. 2012); TMEP §1202.06.  Incidental items that an applicant uses to conduct its business,
`
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`such as letterhead, invoices, and business forms, are generally not “goods in trade,” because these items are only useful to the applicant and are
`not separately sold or distributed to consumers.  TMEP §1202.06; see, e.g., Lens.com, Inc. v. 1-800 Contacts, Inc., 686 F.3d at 1380, 1382, 103
`USPQ2d at 1675-76 (holding computer software used for ordering contact lenses not goods in trade where applicant solely provided online retail
`stores for eyewear products, and software was not sold separately and had no independent value apart from applicant’s primary service); In re
`S’holders Data Corp. , 495 F.2d 1360, 1361, 181 USPQ 722, 723 (C.C.P.A. 1974) (holding reports on subscribers’ securities portfolios not
`goods in trade where applicant solely provided financial reporting services, and reports were not sold separately and had no independent value
`apart from applicant’s primary service); In re MGA Entm’t, Inc. , 84 USPQ2d 1743, 1747 (TTAB 2007) (holding packaging boxes for toys,
`games, and playthings not goods in trade where applicant provided toys, games, and playthings, and packaging boxes were not sold separately
`and had no independent value apart from applicant’s primary goods); In re Compute-Her-Look, Inc., 176 USPQ 445, 446-47 (TTAB 1972)
`(holding individualized beauty reports not goods in trade where applicant provided a beauty analysis service, and reports were not sold separately
`from applicant’s primary service); Ex parte Bank of Am. Nat’l Trust & Sav. Ass’n , 118 USPQ 165, 165 (Comm’r Pats. 1958) (holding
`passbooks, checks, and other printed forms not goods in trade where applicant solely provided banking services, and forms were not sold
`separately and had no independent value apart from applicant’s primary service).
`
`Although determining whether an applicant’s goods are independent goods in trade, or merely incidental to the applicant’s business, is made on
`a case-by-case basis, factors to consider include whether:
`
`(1)      
`
`The goods are simply the conduit or necessary tool useful only to conduct applicant’s business;
`
`(2)      
`
`The goods are so inextricably tied to and associated with applicant’s business as to have no viable existence apart from them; and
`
`(3)      
`
`The goods are neither sold separately from nor have any independent value apart from applicant’s business.
`
`In re Thomas White Int’l, Ltd. , 106 USPQ2d 1158, 1161-62 (TTAB 2013) (citing Lens.com, Inc. v. 1-800 Contacts, Inc., 686 F.3d at 1382, 103
`USPQ2d at 1676); TMEP §1202.06.  None of these factors is necessarily dispositive.  Lens.com, Inc. v. 1-800 Contacts, Inc., 686 F.3d at 1382,
`103 USPQ2d at 1676; TMEP §1202.06.
`
`In this case, applicant’s memorial plaques are not independent goods in trade because they are not sold to consumers.   Rather, the memorial
`plaques are given by the applicant to families of fallen heroes as a donation or a gift.   See attached excerpt from the applicant’s website.  
`Therefore, registration of the applied-for mark is refused under Trademark Act Sections 1, 2, and 45 as “goods not in trade”.
`
`Applicant cannot overcome this refusal by submitting a claim of acquired distinctiveness under Trademark Act Section 2(f) or amending the
`application to the Supplemental Register.  TMEP §1202.06(b).
`
`Applicant should note the following additional ground for refusal.
`
`REFUSAL UNDER TRADEMARK ACT SECTION 2(b) - SIMULATION OF FLAG
`
`Registration is also refused because the applied-for mark includes a simulation of a flag of the United States.  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 simulations of 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, 1204.01(a).
`
`  A
`
` simulation refers to “something that gives the appearance or effect or has the characteristics of an original item.”   In re Family Emergency
`Room LLC, 121 USPQ2d 1886, 1887 (TTAB 2017) (quoting In re Advance Indus. Sec., Inc., 194 USPQ 344, 346 (TTAB 1977)); TMEP §1204. 
`Whether the relevant matter in the mark is a simulation is determined by a visual comparison of the mark and the actual flag, coat of arms, or
`other insignia in question.  See In re Family Emergency Room LLC, 121 USPQ2d at 1887 (citing In re Advance Indus. Sec., Inc., 194 USPQ at
`
`346); TMEP §1204.  
`
`When comparing the mark and the actual flag, coat of arms, or other insignia, the focus is on the relevant purchasers’ general recollection of the
`flag, coat of arms, or other insignia, “without a careful analysis and side-by-side comparison.”   In re Family Emergency Room LLC, 121
`USPQ2d at 1888 (quoting In re Advance Indus. Sec., Inc., 194 USPQ at 346).  The public should be considered to retain only a general or overall,
`rather than specific, recollection of the various elements or characteristics of design marks.  See In re Advance Indus. Sec., Inc., 194 USPQ at
`
`346.  
`
`The following factors are considered when determining whether a design in a mark would be perceived as a flag, coat of arms, or other insignia
`
`of the United States, any state or municipality of the United States, or any foreign nation:  
`
`(1)           
`
`The colors, if any, that appear in the design;
`
`(2)           
`
`The presentation of the mark, such as any stylization of the design and its relationship to other elements in the mark;
`
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`(3)           
`
`The presence of any words or other designs on the drawing; and
`
`(4)      
`
`The use of the mark on the specimen(s), if one is provided, or in the record.  
`TMEP §1204.01(a) (citing In re Family Emergency Room LLC, 121 USPQ2d at 1888).  
`
`The attached encyclopedia evidence, consisting of an excerpt from Britannica, shows a picture of the actual flag of the United States.  The
`applied-for mark includes the following matter:  a drawing of a soldier saluting a flag flying over a field of graves.
`
`The public would perceive the design in the mark as the flag of the United States because the location, number and shading of the stars and
`stripes in the flag, as well as the overall presentation of the mark, clearly depict the flag of the United States.
`
`Therefore, registration is refused because the applied-for mark includes a simulation of a flag of the United States.
`
`ADVISORY REGARDING RESPONSE OPTION - DELETION OF REFUSED MATTER
`
`Applicant may respond to the simulation of a flag of the United States refusal under Trademark Act Section 2(b) by submitting a substitute
`drawing showing the flag 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.  
`
`Although applicant’s mark has been refused registration, applicant may respond to the refusals by submitting evidence and arguments in support
`of registration.  However, if applicant responds to the refusals, applicant must also respond to the requirements set forth below.
`
`REQUIREMENT FOR A DISCLAIMER
`
`Applicant must provide a disclaimer of the unregistrable part(s) of the applied-for mark.  See 15 U.S.C. §1056(a); TMEP §§1213, 1213.03(a).  A
`disclaimer of an unregistrable part of a mark will not affect the mark’s appearance.   See Schwarzkopf v. John H. Breck, Inc., 340 F.2d 978,
`979-80, 144 USPQ 433, 433 (C.C.P.A. 1965).
`
`  These unregistrable
`In this case, applicant must disclaim the wording “PROJECT” and “EST. 2017” because it is not inherently distinctive.
`terms at best are merely descriptive of an ingredient, quality, characteristic, function, feature, purpose, or use of applicant’s goods.   See 15
`U.S.C. §1052(e)(1); DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012);
`
`TMEP §§1213, 1213.03(a).  
`
`The attached dictionary evidence shows that “PROJECT” is defined as “an undertaking requiring concerted effort” or “a plan or proposal for
`accomplishing something.”   The attached Internet evidence, consisting of excerpts from www.fallenheroesproject.org, www.wbur.org,
`engageforgood.com and 59veterans.com, shows that this wording is commonly used by organizations with missions similar to that of the
`applicant to mean projects or undertakings to support or recognize veterans and heroes.  Thus, the wording merely describes the applicant’s
`memorial plaques.
`
`The attached dictionary evidence shows that the term “EST.” is an abbreviation for the word “established” and “established” is defined as “to
`come into existence or begin operating.”   Because consumers are accustomed to seeing this term with a date commonly used by many businesses
`to impart information to consumers, they will perceive this term or slogan only as informational matter rather than as a trademark or service mark
`that identifies the source of applicant’s goods.
`
`The examining attorney has attached several sample registrations from the Office’s database of registered marks wherein “EST. 2017” was
`disclaimed for goods and services.  See attached copies of U.S. Registration Nos. 5510989, 5591689, 5594130.  This shows that others in
`business use similar wording to describe their goods and services.
`
`Determining whether a term functions as a trademark or service mark depends on how such matter would be perceived by the relevant public.  In
`re Eagle Crest, Inc., 96 USPQ2d 1227, 1229 (TTAB 2010); In re Aerospace Optics, Inc., 78 USPQ2d at 1862; TMEP §1202.04.  “The more
`commonly a [term] is used, the less likely that the public will use it to identify only one source and the less likely that it will be recognized by
`purchasers as a trademark [or service mark].”   In re Hulting, 107 USPQ2d 1175, 1177 (TTAB 2013) (quoting In re Eagle Crest, Inc., 96
`USPQ2d at 1229); TMEP §1202.04.
`
`Applicant may respond to this issue by submitting a disclaimer in the following format:  
`
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`No claim is made to the exclusive right to use “PROJECT” and “EST. 2017” apart from the mark as shown.   
`
`For an overview of disclaimers and instructions on how to satisfy this issue using the Trademark Electronic Application System (TEAS), see the
`
`Disclaimer webpage.  
`
`REQUIREMENT FOR AN AMENDED DESCRIPTION OF THE MARK
`
`Applicant must submit an amended description of the mark because the current one is incomplete and does not describe all the significant aspects
`of the mark.  37 C.F.R. §2.37; see TMEP §§808.01, 808.02.  Descriptions must be accurate and identify all the literal and design elements in the
`
`mark.  See 37 C.F.R. §2.37; TMEP §§808 et seq.  
`
`If applicant responds to the Trademark Act Section 2(b) refusal above by submitting a substitute drawing showing the flag deleted from the
`drawing, the following description is suggested, if accurate:
`
`The mark consists of two concentric circles.  Inside the inner circle is a stylized depiction of a soldier saluting a field of
`gravestones.  Between the two circles are the following:  the wording “TIL VALHALLA PROJECT” at the top, the
`wording “EST. 2017” at the bottom, a set of three stars in varying sizes at the bottom left and a set of three stars in
`varying sizes at the bottom right.
`
`ASSISTANCE
`
`Please call or email the assigned trademark examining attorney with questions about this Office action.  Although the trademark examining
`attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with
`additional explanation about the refusal(s) and/or requirement(s) in this Office action.  See TMEP §§705.02, 709.06.  Although the USPTO does
`not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record. 
`
`See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.  
`
`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.    
`
`/Julie H. Choe/
`Trademark Examining Attorney
`Law Office 126
`United States Patent & Trademark Office
`(571) 270-3368
`Julie.Choe@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
`
` 
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`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.
`
` 
`  
`

`

`nt‘tps //t|tvatnaHaDroreot com/Dadesflabouteus
`
`11/06/20“? 05 32 31PM
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`This Fox News lntervrew captured at} the key points on what Ttt Vainalta Pratect rs alt about t founded TVP to
`recognrze and honor the toss of my mitrtary brothers so therr memory tives on, and their famlties know we
`understand and respect {her toss
`Unfortunately we cannot physicalty bring our fatten herues back However we can make sure therr memory hues
`toreverthrough our communrty wrtn word at moutn‘ socral medra‘ and espectalty our plaques and other memonal
`Items
`We Sladed out makrng tree plaques just grvrng back day In and day out Soon r! became apparent tne tammes
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`
`https Milvalhallaproiect com/Dades/abouteus 11/06/2018 05 32 31 PM
`
`truly needed the peace of mtnd the plaques delivered , the knowledge that their fallen hero would never be
`torgotten,
`
`I O
`
`so that our tallen heroes Will
`ur plaques are durable so they can be passed down for generations to come
`always have their face and service displayed As long as someone, somewhere, somehow is talking apeut that
`hero’s legacy, they Will continue to live, After all, no one ever truly dies until the last time someone speaks their
`name
`
`After I saw the impact we were making in these families lives and these heroes legacy, it became my life's
`devotion
`Since we at TVP decided early on that we did not want to take donations, grants, handouts, or anything of the
`sort, it became important to make the company work with the people who believe in this mission, or not at all
`The revenue from purchases at www tilvalhallagro ed corn and the paid subscriptions are all that keeps this
`mission running strong
`
`
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`
`
`hnDs Mlivaihaiiaoroiect com/Dauesflaboutius 11/06/2018 05 32 31 PM
`
`
`
`For ever a year new, TVFI Members and i have been hand crafting and detivering piaques for the families of our
`iailen and, the mission is glowing taster than ever, Thanks to the support of our TVP membels and ali ot the
`patriots who continue to suyport us every day‘ we are going to be able to continue to grow and give back more
`evely day
`
`Join The Team
`
`Law More iFA )
`
`mamawnqum
`
`

`

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`11/08/2018 0413 56 PM
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`national flag consisting ofwhite stars (50 shite July 4‘ 1960) on a blue canton with a field 01 13 alternating stripes, 7 red
`and 6 white. The 50 stars stand for the 50 states of the union, and the 13 stripes stand for the original 13 states. The
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`— (probabiy of red and white or of red white, and blue) and in the canton, the first
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`flew at forts and on naval vessels Another popular early tlag, that of ttle 1765 Sons
`of Liberty, had only nine red and white stripes. Various versions of 'Don’t Tread on
`Me" coiled-rattlesnake flags appeared on many 18th—century American colonial
`banners, Including several flown by mililaly units during the Revolutionary War The
`version camed by the Minutemen of Culpeper County, \flrginia, for example,
`included not only the ratttesnake and the ”Don‘t Tread on Me“ motto but also Virginia patIiot Patrick Henly’s tamous
`words 'Liberty or Death."
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`The first official national flag, tormally approved by the Continental Congress on
`June 14, 1777, was the Stars and Stripes That first Flag Resolution read, in toto,
`“Resolved, that the flag of the United States be thirteen stripes, alternate red and
`white; thatthe union be thirteen stars, whfle in a blue field representing a new
`constellation ' The layout ot the stars was left undefined, and many patterns were
`used by flag makers The designer of the flag—most likely Congressman Francis
`Hopkinson, a signer of the Declaration of Independence trom Philadelphiaww
`have had a ring er stars in mind to symbolize the new constellation. Today that pattern is popularly known as the “Betsy
`Ross flag,” although the Widely circulated story that she made the first Stars and Strip$ and came up with the nhg
`pattern is unsubstantiated. Rows of stars (4754 or 37237273) were common, but many other variations also existed.
`The new Stars and Stripes formed part ot the military colours carried on September 11, 1777, at the Battle ot the
`Brandywrne, perhaps its first such use.
`The Stars and Stripes changed on May 1, 1795, when Congress enacted the second
`Flag Resolution, which mandated that new stars and stripes be added to the flag
`when new states were admitted to the Union The firsttwo new states were Vermont
`(1791) and Kentucky (1792) (One such flag was the 1260’s]uareefoot [1 17751:]uaree
`metre] “StarSpangled Banner,” made by Mary Pickersgill, that Francis Scott Key
`saw at Fort McHenly in September 1814, which inspired him to write the patriotic
`poem that later supplied the lyrics of the national anthem.) In 1313, after five more
`states had been admitted, Congless enacted the third and last Flag Resolution,
`requiring that henceforth the number of stripes should remain 13, the number of
`stars should ahvays match the number of statfi, and any new star should he added
`on the July 4 tottowtng a state's admission This has been the system ever since. In
`all, from 1777 to tBBD (alter the admission of Hawaii in 1959), there were 27
`versions of the flagi25 involvmg changes in the stars only. An executive order
`signed by Pres William Howard Taft on October 29, 1912, standardized for the first
`Ume the proportions and relative sizes of the elements of the flag, in 1934 the exact
`shades of colour were standardized.
`There is no official assignment of meaning or symbolism to the colours ofthe flag
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`httos //aoadeniic eb com/levels/ooiieQiate/articie/tiaq7ot7the7United7States7ot7America/69466
`11/08/2018 0413 56 PM
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`7
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`However, Chartes Thomson, secretazy oi the Continental Congress, in describing
`the proposed Great Seal of the United States, suggested the folluwmg symbolism 'White signifies purity and
`innocence, Red, hardiness & valoLir, and Blue signifies Vigilence [sic], perseverence [sic] & iustice ' As wtt‘h many
`other national flags, the Stars and Stripes has long been a focus of patriotic sentiment, Since i392, millions ofchildren
`have recited the Pledge of Allegiance to the Flag at the start of each school day, and the lyrics of the national anthem
`are also concerned With the flag Alter the U 8 Supreme Court ruled in 1989 that all flag desecration laws were
`unconstitutional, some veterans' and patriotic gmups pressured iegisiators to adopt laws or a constitutional amendment
`prohibiting tlag desecration Such legislation has been opposed on the grounds that it would intringe on the
`constitutionally guaranteed First Amendment freedom of expression,
`During the American Civil War, the Confederate States of America began to use its
`firstt’log, the Stars and Bars, on March 5, 1351 Soon alter, the first Confederate
`Battle Flag was also flown, The design of the Stars and Bars varied over the
`followmgtwo years On May 1, 1333, the Confederacy adopted rls first official
`national flag, often called the Stainless Banner A modification of that design was
`adopted on March 4, 136:), about a month oetore the end of the war in the latter
`part of the 20m century, many groups in the South challenged the practice offlying
`the Confederate Battie Flag on public buildings, including some state capflols,
`Proponents of the tradition argued that the flag recalled Southern hemage and
`wartime sacnfice, whereas opponents saw it as a symbol of racism and slavery,
`inappropriate for official display
`
`A
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