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Can you use military insignia, logos, and badges on a website?

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Ministry of defence (MOD) insignia is protected by Crown copyright, with the majority is also protected by trade mark and/or design registration. Badges, crests, arms, logos, and banners fall under the term insignia. The Defence Intellectual Property Rights (DIPR) department is responsible for managing the licensing of the majority of MOD Crown copyright material. Legal action can be taken against anyone using MOD insignia without the correct permission. So, what can and can’t be used?

Some insignia is not licensed out to third parties such as the main MOD logo. This is because it is the corporate identity of the MOD. The HM Armed Forces veterans’ badge is also not licenced out due to concerns of it being devalued through inappropriate use.

Families of former service personal are often permitted to use appropriate MOD insignia on private memorials and/or a headstone, and they may also be permitted to use insignia on public memorials as well. There is an application process for them to gain the relevant permission for this use.

The MOD will allow the use of insignia by the media in relation to news reports that relate to the MOD. They will also not interfere with the use of insignia on costumes or props in television dramas unless the reputation of the MOD is intentionally and seriously damaged.

MOD insignia is free to use by people for illustration purposes, such as using a regimental cap badge on websites for the purpose of describing the regiment and what it does in their own words. You can obtain free low-resolution graphics from the defence brand portal for this use.

People can request to use MOD insignia on and inside books. Low resolution graphics can be obtained from the defence brand portal and be used for free inside books for illustration. However, these graphics will not be approved by the MOD for book covers. High resolution graphics in or on books can only be used by MOD approved projects, with the insignia provided by the MOD as part of the merchandising licencing scheme. Personal photographs of an embroidered or metal cap badge can be used for free on or in a book

Businesses cannot use MOD insignia to endorse a product through advertisement, particularly if it implies that the MOD favours a product or service. Therefore, MOD contractors cannot use MOD insignia in any of their promotional material to indicate that they are a MOD supplier. However, contractors may make factual statements about their relationship with the MOD but cannot use MOD insignia to do so. The incidental inclusion of insignia in photos is allowed where it cannot practically be avoided. Contractors may be permitted to use insignia on a document or in a lecture when the MOD is a contributor to it. But permission will only be granted when the MOD has control over the output and the use of the insignia clearly shows what the MOD’s contribution was.

The MOD allows the sale under licence of insignia for merchandise, such as clothing with regimental cap badges on. No third party can trade products using MOD insignia until a licence has been agreed and signed by the defence intellectual property rights (DIPR) department. There is no guarantee that an application to use MOD insignia will be approved.

At Lawdit we can ensure you have the right protection for your intellectual property (IP). A Stay Legal package will keep your business on the right side of the law and provide you with all the documents you need. This includes an IP notice which informs the public that the work is protected by copyright. It identifies the copyright owner and shows the year of first publication. An IP notice can assist the owner if the work is infringed as it provides evidence of publication and can limit a claim of the defence of innocent infringement and provide evidence for the damages claim. With a free initial consultation there is no need to delay, so book today!

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