Can you use "elks lodge" as template text or in tags?

ColsCreations
Honored Contributor II

I searched TESS and there are zero results for it so it should be OK but a search of the Zazzle MP for ["elks lodge"] yields surprisingly few results so I'm leery and Google was no help with this question.

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5 REPLIES 5

PenguinPower
Valued Contributor III

They trademarked "Elks USA"  https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4802:88y6d3.5.4

Though I don't think that just the word elks couldn't be trademarked in and of itself, it is too simple, I would assume that you probably shouldn't use Elks or Elks lodge in reference the Fraternal Order of Elks. 

idraw
Honored Contributor

@ColsCreations 

This might help—-
<
 https://www.nyselks.org/emblemusageguidelines.pdf>

Legal Side of Elks trademarks
The Elks trademarks, while protected through the U.S. Patent and Trademark Office, are more than just symbols of the Order of Elks. They are integral parts of the Order’s assets and goodwill. These marks may be used only by the Lodges and state associations making up the Order. Access to the marks may be obtained only through the Grand Secretary’s Office of the Elks National Headquarters in Chicago. Use of the marks on promotional material, such as T-shirts, cups, banners, etc., is permissible only through vendors approved by the Elks National Headquarters.

A list of the approved vendors is on file at the Elks National Headquarters, telephone (773) 755-4708., which is the national headquarters

ColsCreations
Honored Contributor II

Thanks. I'm not looking to use any of their emblems or 'BPOE' though. Just considering "elks lodge #000" as template text on a design that has nothing to do with elks of any kind. "masonic lodge" also has zero results in TESS. I'm doing a sign where I want to use "??? lodge #???" as the template text and can't think of anything made-up that would resonate the way one of the known lodge types would.

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PenguinPower
Valued Contributor III

Hmmm... maybe just use "Fraternal Lodge XXX"? Then it wouldn't be favoring the Elks or Masons or anyone else, wouldn't run even close to afoul of any infringements?

Barbara
Esteemed Contributor

It didn't even dawn on me that it might be an infringement, given that so many people rent space at an Elks Lodge for an event, so I've used it in template text for reunion post cards. They've sold without incident.

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