USPTO Refreshes Database Guarding Sacred Native Tribal Insignia from Misuse
Published Date: 1/23/2026
Notice
Summary
The USPTO is asking for public feedback on updating the Native American Tribal Insignia Database, which helps protect tribal symbols from misuse. This update affects Native American tribes and anyone using their official insignia, with comments due by March 24, 2026. There’s no new cost, but your input will shape how this important database stays accurate and useful.
Analyzed Economic Effects
5 provisions identified: 2 benefits, 3 costs, 0 mixed.
Tribes May Submit Official Insignia
Federally- and state-recognized Native American tribes may submit their official insignia to the USPTO Native American Tribal Insignia Database. Submissions must be in writing and include a depiction of the insignia, the tribe name and correspondence address, a tribal resolution adopting the insignia, and a statement signed by an authorized tribal official.
Inclusion Does Not Create Trademark Rights
If a tribe's insignia is entered in the database, that entry does not grant trademark rights, does not create a legal presumption of validity or priority, and is not the same as federal trademark registration under 15 U.S.C. 1051 et seq. The USPTO will include properly submitted insignia but does not investigate whether the insignia is actually the tribe's official insignia.
Estimated Time and Cost Burden for Submissions
The USPTO estimates 39 annual respondents and 39 responses, with each response taking about 1 hour. The estimated hourly rate used is $87.86, for a total annual respondent hourly cost burden of $3,426 and estimated annual postage costs of $24.
State-Recognized Tribes Must Provide State Proof
State-recognized tribes that request database entry must include the same three items as federally recognized tribes (insignia depiction, tribal resolution, signed statement) and also must include either a document from a state official evidencing tribal determination or a citation to a state statute designating the entity as a Native American tribe.
Public Comments Will Be Public Record
Comments on this information collection are due by March 24, 2026, and all comments submitted will be a matter of public record. If you include an address, phone number, email, or other personally identifiable information (PII), that information may be made publicly available.
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Key Dates
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