Title 36 — Patriotic and National ObservancesRelease 119-73not60

§2114 Intellectual Property and Related Items

Title 36 › Subtitle Subtitle I— Patriotic and National Observances and Ceremonies › Part B— United States Government Organizations Involved With Observances and Ceremonies › Chapter 21— AMERICAN BATTLE MONUMENTS COMMISSION › § 2114

Last updated Apr 5, 2026|Official source

Summary

The American Battle Monuments Commission may create, register, use, license, and accept gifts of trademarks and similar marks, as well as copyrights (under section 105 of title 17) and patents. The Commission can give exclusive or nonexclusive licenses unless a prior contract forbids it, and it can enforce those rights in U.S. district courts. The Attorney General provides legal representation for those court actions, and the Secretary of Defense handles administrative proceedings before the Patent and Trademark Office and the Copyright Office. Section 203 of title 17 does not apply to copyrights transferred to the Commission.

Full Legal Text

Title 36, §2114

Patriotic and National Observances — Source: USLM XML via OLRC

(a)The American Battle Monuments Commission may—

(1)adopt, use, register, and license trademarks, service marks, and other marks;

(2)obtain, use, register, and license the use of copyrights consistent with section 105 of title 17;

(3)obtain, use, and license patents; and

(4)accept gifts of marks, copyrights, patents, and licenses for use by the Commission.

(b)The Commission may grant exclusive and nonexclusive licenses in connection with any mark, copyright, patent, or license for the use of such mark, copyright or patent, except to the extent the grant of such license by the Commission would be contrary to any contract or license by which the use of the mark, copyright, or patent was obtained.

(c)The Commission may enforce any mark, copyright, or patent by an action in the district courts under any law providing for the protection of such marks, copyrights, or patents.

(d)The Attorney General shall furnish the Commission with such legal representation as the Commission may require under subsection (c). The Secretary of Defense shall provide representation for the Commission in administrative proceedings before the Patent and Trademark Office and Copyright Office.

(e)Section 203 of title 17 shall not apply to any copyright transferred in any manner to the Commission.

Reference

Citations & Metadata

Citation

36 U.S.C. § 2114

Title 36 — Patriotic and National Observances

Last Updated

Apr 5, 2026

Release point: 119-73not60