TTAB Upholds Section 2(b) Refusal: PROSCIUTTO DI CARPEGNA Mark Includes Italian Flag or Simulation Thereof

The Board affirmed a refusal to register the mark PROSCIUTTO DI CARPEGNA & Design (shown below) for "Prosciutto from the Carpegna region of Italy made in accordance with specific standards," finding that the mark comprises the Italian flag, in violation of Section 2(b). In re Consorzio Prosciutto di Carpegna, Serial No. 87811048 (June 12, 2026) [not precedential] (Opinion by Judge Thomas L. Casagrande).

Section 2(b) requires refusal of any mark that "[c]onsists of or comprises the flag … of any foreign nation, or any simulation thereof." "[T]he word 'comprises' in the clause '[c]onsists of or comprises' means 'includes.'" "Whether matter included in a mark is, or includes, a flag 'is determined by a visual comparison of the matter and the actual flag.' (citation omitted). As with most things trademark (except, notably, functionality), our comparison focuses on the perception of the relevant consumers."

The Italian flag (shown immediately above) is rectangular, wider than it is tall, with equal vertical parallel stripes of green, white, and red. The relevant matter in applicant's mark includes green, white, and red parallel stripes arrayed almost vertically. "It is not depicted as a rectangle, but, depending on one's perspective, looks either like a tilted rectangle (i.e., parallelogram) or, more likely, like a rectangle as seen from an angle, rather than head-on."

The Board found that "consumers will perceive the matter as the Italian flag or a close simulation—i.e., something that gives the appearance or effect of the Italian flag."

Applicant originally described this feature as the Italian flag, but then insisted that consumers would not recognize it as the flag because the mark "merely includes only stylized flag elements, red and green vertical stripes, and is incomplete. There is no border around it and the middle section is merely a gap." Moreover, according to applicant, the mark is dominated by the words PROSCIUTTO and CARPEGNA.

The Board, however, observed that whether other elements of the mark are dominant is irrelevant. "We’re determining whether the mark includes a flag, or a simulation of a flag. Period. Unless the matter is so small or obscured that consumers wouldn’t even notice that it was included—which is not the case here—size does not matter."

The Board noted that the mark has a white background, thus explaining the "gap" in the middle. Furthermore, the relevant consumers "are consumers of 'Prosciutto from the Carpegna region of Italy,' which predisposes them to viewing the mark through an Italian lens."

Applicant pointed to the TMEP, which states that "if the flag design is used to form a letter, number, or design,” examining attorneys will not refuse registration. The Board noted, however, that the TMEP does not state "as part of a design." Reviewing the examples in the TMEP, the Board found most relevant this mark that the TMEP advised should be refused registration under Section 2(b):

In sum, the Board found that Examining Attorney Lisa Papale "correctly found that the mark includes an Italian flag, or simulation of an Italian flag, and correctly determined that the application must be refused under Section 2(b)."

Read comments and post your comment here.

TTABlogger comment: Looking through an Irish lens, it still looks like the flag of Italy.

Text Copyright John L. Welch 2026.