To:
`
`Subject:
`
`Sent:
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`Sent As:
`
`Attachments:
`
`Til Valhalla Project, LLC (mitch@gibneylaw.com)
`
`U.S. TRADEMARK APPLICATION NO. 88050248 - TIL VALHALLA PROJECT EST. 2017 - 18-153-
`TM-CL
`
`11/7/2018 1:03:33 PM
`
`ECOM126@USPTO.GOV
`
`Attachment - 1
`Attachment - 2
`Attachment - 3
`Attachment - 4
`Attachment - 5
`Attachment - 6
`Attachment - 7
`Attachment - 8
`Attachment - 9
`Attachment - 10
`Attachment - 11
`Attachment - 12
`Attachment - 13
`Attachment - 14
`Attachment - 15
`Attachment - 16
`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
`
`*88050248*
`
`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.   88050248
`
`           
`
`MARK: TIL
`VALHALLA PROJECT
`EST. 2017
`
`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
`
` 
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`

`

`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
`
`This Office action is supplemental to and supersedes the previous Office action issued on November 6, 2018 in connection with this application. 
`The assigned trademark examining attorney inadvertently omitted a requirement relevant to the mark in the subject application.  See TMEP
`§§706, 711.02.  Specifically, a disclaimer of the wording “EST. 2017” is required because it is not inherently distinctive.
`
`The trademark examining attorney apologizes for any inconvenience caused by the delay in raising this issue.  
`
`Applicant must address all issues raised in this Office action, in addition to the issues raised in the Office action dated November 6, 2018.  The
`issues raised in the previous November 6, 2018 Office action are as follow and are maintained: 
`the Section 2(b) simulation of flag refusal, the
`advisory regarding deletion of refused matter, the specimen refusal, the requirement for information about specimen and the requirement for an
`
`amended description of the mark.  
`
`The following is a SUMMARY OF ISSUES that applicant must address:
`
`·       Refusal Under Trademark Act Section 2(b) - Simulation of Flag
`·       Advisory regarding Response Option - Deletion of Refused Matter
`·       Specimen Refusal
`·      
`Information about Specimen Required
`·       Requirement for an Amended Description of the Mark
`·       NEW ISSUE:  Requirement for a Disclaimer
`
`Applicant must respond to all issues raised in this Office action and the previous November 6, 2018 Office action, within six (6) months of the
`date of issuance of this Office action.  37 C.F.R. §2.62(a); see TMEP §711.02. 
`If applicant does not respond within this time limit, the
`application will be abandoned.  37 C.F.R. §2.65(a).
`
`REFUSAL UNDER TRADEMARK ACT SECTION 2(b) - SIMULATION OF FLAG
`
`Registration is 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)           
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`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 this refusal 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.  
`
`Applicant should note the following additional ground for refusal.
`
`SPECIMEN REFUSAL
`
`Registration is also refused because the specimen in International Class 025 appears to consist of a digitally altered image or a mock-up of the
`mark on the goods or their packaging and does not show the applied-for mark in actual use in commerce.  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).  
`
`An image of a product or packaging that has been digitally created or otherwise altered to include the mark does not show actual use of the mark
`in commerce.  See 15 U.S.C. §1127; TMEP §§904.04(a), 904.07(a); cf. In re Chica, Inc., 84 USPQ2d 1845, 1848 (TTAB 2007) (holding that “a
`mere drawing of the goods with an illustration of how the mark may be displayed” was not an acceptable specimen because it did not show
`actual use in commerce); In re The Signal Cos., 228 USPQ 956, 957-58 n.4 (TTAB 1986) (noting that a printer’s proof of an advertisement
`would not be an acceptable specimen because it does not show actual use in commerce).  In addition, a photo of the mark on a label, tag, or piece
`of paper that appears on applicant’s or a third party’s goods or packaging is generally not acceptable to show applicant’s use of the applied-for
`mark in commerce.  See 15 U.S.C. §1127; TMEP §§904.03(a), 904.07(a).  Applicant must show the mark on applicant’s own goods or
`packaging as it is seen by the purchasing public, with goods that have actually been sold or transported in commerce.  See TMEP §904.07(a).
`
`In this case, the specimen consists of a screenshot of the applicant’s website with the applied-for mark displayed at the upper left corner of the
`webpage.  The specimen filed in applicant’s co-pending application at Serial No. 88035110, which was filed shortly before the instant
`application, shows a nearly identical screen shot of the applicant’s website with a different mark displayed at the top of the webpage.   Because
`the screenshots for the same website varies between these filings, it appears the specimens were digitally created or otherwise altered to include
`the applied-for mark for purposes of the application and does not show actual use of the mark in commerce.
`
`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 and/or services identified in the application or amendment to allege use.  15 U.S.C. §1051(a)(1); 37 C.F.R.
`§§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a).  “Use in commerce” means (1) a bona fide use of the applied-for mark in the ordinary course
`of trade (and not merely to reserve a right in the mark), (2) the mark is placed in any manner on the goods, packaging, tags or labels, or displays
`of the goods, and (3) the goods are actually sold or transported in commerce.  See 15 U.S.C. §1127.
`
`In addition to the examples of specimens in (2) in the above paragraph, examples of specimens for goods also include instruction manuals,
`containers, and webpages that include a picture or textual description of the goods associated with the mark and the means to order the goods. 
`
`See TMEP §§904.03 et seq.  
`
`Applicant may respond to this refusal by satisfying one of the following for each applicable international class:
`
`(1)      
`
`Submit a different specimen (a verified “substitute” specimen ) that (a) was in actual use in commerce at least as early as the filing
`date of the application or prior to the filing of an amendment to allege use and (b) shows the mark in actual use in commerce for
`the goods and/or services identified in the application or amendment to allege use.  A “verified substitute specimen” is a
`
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`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 or prior to the filing of the amendment to allege use.”   The substitute specimen cannot be
`accepted without this statement.
`
`(2)      
`
`Amend the filing basis to intent to use under Section 1(b), for which no specimen is required.  This option will later necessitate
`additional fee(s) and filing requirements such as providing a specimen.
`
`For an overview of both response options referenced above and instructions on how to satisfy either option online using the Trademark Electronic
`Application System (TEAS) form, see the Specimen webpage.
`
`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.
`
`INFORMATION ABOUT SPECIMEN REQUIRED
`
`  A
`
` specimen must show the mark as used in commerce, which means use in the ordinary course of trade (not merely to reserve a right in the
`mark).  15 U.S.C. §§1051, 1052, 1127.  A specimen shows a mark used in commerce for goods only if it shows the mark placed on the goods,
`packaging, tags or labels affixed to the goods, or displays of the goods, and the goods are actually sold or transported for sale in commerce.  15
`U.S.C. §1127.  Because the specimen of record appears to be digitally created or altered, or is otherwise a mock-up, it does not appear to show
`the mark as actually used in commerce.  Therefore, to permit proper examination of the application, applicant must submit additional information
`for the record about the specimen and how the mark as shown in the specimen is in use in commerce with applicant’s goods.   See 37 C.F.R.
`§2.61(b); TMEP §814.
`
`Accordingly, applicant must respond to the following questions and requests for documentation to satisfy this request for information:
`
`(1)      
`
`How are applicant’s goods sold?   Specify the retail, wholesale, or other sales environment in which the goods are sold.
`
`(2)      
`
`Please provide copies of invoices, bills of sale, or other documentation of sales of the goods.
`
`(3)       Was the specimen created for submission with this application?
`
`(4)      
`
`Does the specimen show applicant’s product as it is currently being sold to consumers?
`
`(5)      
`
`(6)      
`
`How do applicant’s goods appear in the actual sales environment?   If sold in stores, provide photos showing the goods for sale in
`the stores.  If sold online, identify the websites and provide copies of the webpages showing the goods for sale.  And if sold in
`another type of sales environment, provide photos and/or documentation showing the goods for sale in that environment.
`
`If the information in question (5) about how the goods appear in the actual sales environment is not available to applicant, then
`please describe how applicant’s goods are transported for sale and provide photos and other documentation showing how
`applicant’s mark appears on the goods and/or its packaging when the goods are being transported for sale.
`
`See 37 C.F.R. §2.61(b); TMEP §814.   
`
`Failure to comply with a request for information is grounds for refusing registration.   In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016);
`TMEP §814.  Merely stating that information is available on applicant’s website is an insufficient response and will not make the relevant
`information of record.   See In re Planalytics, Inc., 70 USPQ2d 1453, 1457-58 (TTAB 2004).
`
`INSTRUCTIONS FOR SUBMITTING A SUBSTITUTE SPECIMEN
`
`If applicant files a response online using TEAS, the substitute specimen must be submitted in jpg or pdf format.  37 C.F.R. §2.56(d)(4); TMEP
`§904.02(a).  If the nature of the specimen is unclear, a description should be provided, as well as an explanation of how it is used.  TMEP
`§904.02(a).  When validating an electronic submission through TEAS, applicant should ensure that the substitute specimen is attached to the
`submission.  If the substitute specimen cannot be viewed from the “Validation Page,” the specimen failed to attach properly and will not be
`
`included with the response.  
`
`To submit a verified specimen or verified substitute specimen online using the Trademark Electronic Application System (TEAS) response form,
`(1) answer “Yes” to form wizard question #2 and #10; and then, continuing on to the next portion of the form, under the heading “Classification
`and Listing of Goods/Services/Collective Membership Organization,” do the following for each relevant class for which a specimen is being
`
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`submitted:  (2) check the box next to the following statement:  “Check here to modify the current classification number; listing of
`goods/services/the nature of the collective membership organization; dates of use; and/or filing basis; or to submit a substitute specimen, a
`foreign registration certificate, or proof of renewal of a foreign registration.  If not checked, the changes will be ignored.”; (3) under “Specimen
`File,” attach a specimen (attachment may not exceed 5 megabytes); (4) describe in the box below where you attached the file what the specimen
`consists of; and (5) check the box next to the following statement below the specimen description (to ensure that the declaration language is
`inserted into the form): “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” [for an application based on Section 1(a), Use in Commerce] OR “The substitute (or new, or originally
`submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of
`the filing deadline for filing a Statement of Use” [for an application based on Section 1(b) Intent-to-Use].   Additionally, when submitting a
`verified specimen, the TEAS online form requires two signatures: one in the “Declaration Signature” section and one in the “Response
`Signature” section.
`
`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.
`
`REQUIREMENT FOR A DISCLAIMER
`
`Applicant must provide a disclaimer of the unregistrable parts 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).
`
`In this case, applicant must disclaim the wording “EST. 2017” because it is not inherently distinctive.  These unregistrable terms at best are
`merely informational about the goods and/or services and are commonly used in business; thus the terms do not function as a mark.  See 15
`U.S.C. §§1051-1053, 1127; In re Boston Beer Co., 198 F.3d 1370, 1372-74, 53 USPQ2d 1056, 1058-59 (Fed. Cir. 1999); In re Aerospace Optics,
`Inc., 78 USPQ2d 1861, 1864 (TTAB 2006); TMEP §§807.14(a), 1202.04, 1213.03(a), (b).
`
`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.
`
`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 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 and/or services.
`
`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/or services.
`
`Applicant may respond to this issue by submitting a disclaimer in the following format:
`
`No claim is made to the exclusive right to use “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.
`
`ASSISTANCE
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`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
`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 Hacadernic eo corn/levels/colleQiate/ai‘ticle/tlaqeotetheeUnitedeStatesrotrArnerica/EEMSG
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`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."
`
`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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`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
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