PART 27 -- PATENTS, DATA, AND COPYRIGHTS

TABLE OF CONTENTS

SUBPART 27.90 -
TRADEMARK RIGHTS UNDER GOVERNMENT CONTRACTS

27.9000 Definitions.

Trademark
is a word, phrase, symbol or design, or a combination of words,
phrases, symbols or designs, that identifies and distinguishes the
source of the goods of one party from those of others.

Service
Mark is a word, phrase, symbol or design, or a combination of
words, phrases, symbols or designs, that identifies and distinguishes
the source of a service of one party from that of other parties.

27.9001 Trademark Rights Under Government Contracts.

The
Federal Acquisition Regulation (FAR) and Defense Acquisition
Regulation Supplement (DFARS) do not address trademark or service
mark rights, nor is there an official DoD policy on ownership of
trademarks or service marks first used in performance of a government
contract in connection with goods or services delivered to the
Government. Under federal trademark law, trademark rights generally
reside with the entity that controls the nature and quality of the
goods or services that are identified by the trademark.

However,
in certain cases, it may be in the Government s best interest for
DISA to own a trademark or service mark first created under an
acquisition contract. For example, Government ownership may be
desired for a mark that is to be used exclusively in connection with
a government- controlled service that the contractor manages for
DISA. DISA s Office of the General Counsel should be consulted to
determine if there is a need to negotiate trademark ownership rights
with the contractor and seek federal trademark protection on DISA s
behalf by filing an application to register the trademark or service
mark with the U.S. Patent and Trademark Office.