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Federal Register / Vol. 86, No. 189 / Monday, October 4, 2021 / Rules and Regulations
d The display of and license to manufacture and sell the approved Service flag or Service lapel button is governed by 36 U.S.C. 901.
e The ownership and licensing of trademarks, service marks, and collective marks such as DUI, RDI, SSI, and other Army-owned heraldic insignia are governed by 15 U.S.C. 1051
et seq., and 10 U.S.C. 2260.

507.8

Subpart BManufacture and Sale of Decorations, Badges, and Insignia
507.9

507.6

Authority to manufacture.

a Only manufacturers that TIOH has certified and has issued a certificate of authority to may produce heraldic items.
1 TIOH will issue a certificate of authority to manufacturers who can demonstrate they have the capability to manufacture controlled heraldic items according to Government specifications or purchase descriptions through the certification process.
2 The certificate of authority to manufacture is applicable only for the individual, firm, or corporation indicated and will be valid for 5 years.
3 TIOH will assign a hallmark to each certified manufacturer. All controlled heraldic items manufactured for commercial sale will bear the manufacturers hallmark.
4 TIOH exclusively uses the IOH
hallmark for the development of new controlled heraldic items; it is not authorized for use on items for commercial sale.
b A certificate of authority to manufacture may be revoked or suspended under the procedures prescribed in 507.16.
c A list of certified manufacturers is on the TIOH web page at https
tioh.army.mil/.
507.7
items.

Certification of controlled heraldic
a The manufacture and commercial sale of controlled heraldic items are not authorized until the certified manufacturer receives a letter of authorization from TIOH. Manufacturers who want to manufacture and sell controlled heraldic items must submit four production samples of each item to TIOH for authorization. If TIOH
approves the production samples, it will provide a letter of authorization to manufacture along with one certified production sample to the manufacturer.
Letters of authorization for certified heraldic items are valid for 5 years.
b The Director of TIOH may revoke or suspend a letter of authorization for failure to manufacture the heraldic item in accordance with applicable Government specifications.

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Authority to sell.

No certificate of authority to manufacture is required for selling controlled heraldic items listed in 507.13. However, all sellers must ensure that all articles they sell bear hallmarks assigned by TIOH and are manufactured by certified manufacturers in conformance with applicable Government specifications.
Reproduction of designs.

a The photographing or printing of any decoration, service medal, service ribbon, badge, lapel button, insignia, or other device of a design the Secretary of the Army has prescribed for members of the Army to use is authorized, provided that such reproduction does not discredit the U.S. Army and is not used to defraud or misrepresent the identification or status of an individual, organization, society, or other group of persons.
b The making or executing in any manner of any engraving, impression, or colorable imitation in the likeness of any decoration, service medal, service ribbon, badge, lapel button, insignia, or other device of a design the Secretary of the Army has prescribed for members of the Army to use is prohibited without prior approval in writing from the Army Trademark Licensing Program.
c Except when used to illustrate a particular article that is offered for commercial sale, Army Regulation 360
1, paragraph 89e, prohibits the use of Army themes, material, uniforms, or insignia in advertisements and promotions for entertainment-oriented products that could imply Army endorsement of the product. Direct requests to the Chief, Public Affairs SAPAZA, 1500 Army Pentagon, Washington, DC 203101500.
507.10 Incorporation of designs or likenesses of approved designs in commercial articles.

a Federal law and Army policy restrict the use of military designs. The manufacture of articles for commercial sale that incorporate designs or likenesses of decorations, service medals, service ribbons, and lapel buttons is prohibited. Certain designs or likenesses of insignia, such as badges or organizational insignia, may be incorporated in articles manufactured for commercial sale, provided that the Army Trademark Licensing Program has granted permission in writing as specified in paragraph b of this section.
b The Army Trademark Licensing Program is responsible for reviewing requests for permission to incorporate certain insignia and other Army-owned
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marks in articles manufactured for commercial sale. Requests should be directed to the Director, Army Trademark Licensing Program, 2530
Crystal Drive, Suite 12140, Arlington, VA 222023934.
507.11

Possession and wear.

a The wearing of any decoration, service medal, badge, service ribbon, lapel button, or insignia that the Army has prescribed or authorized by any person not properly authorized to wear such device or the use of any decoration, service medal, badge, service ribbon, lapel button, or insignia to misrepresent the identification or status of the person by whom such is worn is prohibited. Any person who violates this paragraph a is subject to punishment as prescribed in the statutes referred to in 507.5.
b Mere possession by a person of any of the articles prescribed in 507.13
except identification cards is authorized, provided that such possession is not used to defraud or misrepresent the identification or status of the individual concerned.
c Articles specified in 507.13, or any distinctive parts including suspension ribbons and service ribbons or colorable imitations thereof, will not be used by any organization, society, or other group of persons without prior approval in writing by the Army Trademark Licensing Program as specified in 507.10b.
Subpart CHeraldic Quality Control Program 507.12

General.

The Heraldic Quality Control Program provides a method for ensuring that controlled heraldic items are manufactured by certified manufacturers in accordance with Government specifications. The design of metal insignia will be an exact duplicate of the design of the Government die or loaned hub from which the certified manufacturers working die is extracted. The design of textile insignia will be embroidered in accordance with Government-furnished specification and cartoon.
507.13

Controlled heraldic items.

a Controlled heraldic items will be manufactured in accordance with Government specifications, using Government loaned hubs, dies, or cartoons, by TIOH-certified manufacturers.
b The heraldic items listed in paragraphs b1 through 13 of this section are controlled and authorized for manufacture and commercial sale
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