Who Owns Juneteenth Trademark? Not Balchem Corporation


Updated: February 27, 2023

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Juneteenth is an important holiday celebrated in the United States on June 19th every year to commemorate the end of slavery. It marks the day in 1865 when Union Army General Gordon Granger arrived in Galveston, Texas, and announced that all slaves were free, more than two years after President Abraham Lincoln signed the Emancipation Proclamation.

With the growing awareness and recognition of Juneteenth, it’s not surprising that some individuals and organizations have sought to trademark the term for commercial purposes. The trademark would give the owner exclusive rights to use the term “Juneteenth” on certain products or services, which could potentially limit the use of the term by others. However, the question of who owns the Juneteenth trademark is somewhat complicated. As of now, there does not appear to be a single entity or individual who has successfully trademarked the term “Juneteenth” for commercial use.

According to the United States Patent and Trademark Office (USPTO), there are several active trademark applications for the term “Juneteenth,” but none have been granted at this time. Some of these applications are for specific products or services, such as clothing or entertainment events, while others are for broader use of the term. Despite the lack of a registered trademark, some organizations have still attempted to profit off of Juneteenth. This has led to some controversy and backlash, with critics arguing that the holiday should remain a symbol of freedom and commemoration rather than a means for financial gain.

What Is Juneteenth Trademark?

At present, there is no registered trademark for the term “Juneteenth.” A trademark is a legal protection that grants exclusive rights to use a specific term, logo, or symbol for commercial purposes. A trademark holder has the authority to prevent others from using the protected term or symbol without permission, and can potentially take legal action against those who infringe on their trademark rights.

There have been several applications for a Juneteenth trademark filed with the United States Patent and Trademark Office (USPTO) over the years, but none have been granted as of yet. These applications typically seek to register the term “Juneteenth” for specific goods or services, such as clothing, entertainment, or educational materials.

While there is currently no registered Juneteenth trademark, the issue of trademarking cultural and historical terms remains a topic of debate. Some argue that trademarking such terms can be seen as exploitative or disrespectful, while others see it as a way to protect and promote cultural heritage. Regardless, it is important to note that any attempts to trademark “Juneteenth” or other cultural terms would need to comply with the legal requirements and standards set forth by the USPTO.

Consumers complain that white-owned company is profiting from the Black holiday

There have been instances where white-owned companies have faced backlash and criticism for attempting to profit from Juneteenth, a holiday that has deep cultural significance for the Black community in the United States. Some consumers and activists argue that using the holiday for commercial gain, particularly by non-Black individuals or companies, is inappropriate and exploitative.

In some cases, companies have faced accusations of cultural appropriation, where they appropriate elements of Black culture or history for their own benefit without regard for the cultural context or significance. This can be seen as disrespectful or even offensive to some individuals or communities. However, it is important to note that not all companies or individuals who seek to celebrate or honor Juneteenth through commercial means are doing so with ill intent. Many companies and individuals may seek to raise awareness and recognition of the holiday, or to contribute to efforts to promote racial justice and equality.

Ultimately, the question of whether it is appropriate for companies or individuals to profit from Juneteenth is a complex one. While there is no one-size-fits-all answer, it is important to approach the issue with sensitivity and awareness of the cultural significance of the holiday. Companies and individuals should consider the potential impact of their actions on the Black community, and strive to approach the holiday in a respectful and inclusive manner.

Balchem’s trademark for Juneteenth was abandoned.

Thank you for bringing that to my attention. It appears that Balchem Corporation, a company that produces and sells specialty ingredients, had filed a trademark application for the term “Juneteenth” in August 2020. However, according to the United States Patent and Trademark Office (USPTO), the trademark application was abandoned on March 23, 2021.

Abandonment of a trademark application means that the applicant has withdrawn their application, or failed to respond to an office action from the USPTO within the required timeframe. The trademark application would not be granted if it has been abandoned.

It is worth noting that trademark applications can be abandoned for various reasons, and abandonment does not necessarily mean that the applicant has forfeited their right to pursue the trademark in the future. However, as of now, there does not appear to be any registered trademark for the term “Juneteenth.”

Juneteenth recognizes the end of slavery

Yes, that is correct. Juneteenth is a holiday that commemorates the end of slavery in the United States. It marks the day in 1865 when Union Army General Gordon Granger arrived in Galveston, Texas, and announced that all slaves were free. This announcement came more than two years after President Abraham Lincoln signed the Emancipation Proclamation, which declared that all slaves in Confederate territory were to be freed.

However, the Emancipation Proclamation was not immediately enforced in all parts of the country, and it was not until the arrival of General Granger and the Union troops that slavery was effectively abolished in Texas and other parts of the South. Juneteenth has since become a symbolic date representing African American freedom and equal rights. It is celebrated annually on June 19th, with festivities that vary from community to community. The holiday is an opportunity to reflect on the legacy of slavery and racism in the United States, and to honor the contributions of African Americans to the country’s culture and history.

Current Status of Juneteenth Trademark

In recent years, there have been attempts to trademark the term “Juneteenth.” In 2020, a Texas-based organization, the National Juneteenth Observance Foundation, filed an application with the United States Patent and Trademark Office (USPTO) to trademark the term “Juneteenth.” The application stated that the organization intended to use the trademark for “education and entertainment services, namely, organizing and conducting cultural festivals and celebrations.”

The application sparked controversy, with some arguing that trademarking Juneteenth would be inappropriate and disrespectful to the holiday’s historical significance. Others pointed out that trademarking the term could limit the ability of African Americans to use the term to celebrate and promote the holiday.

After a public outcry, the USPTO rejected the application, stating that the term “Juneteenth” was too closely associated with a historical event and could not be trademarked. The USPTO also noted that the term had been in use for over a century and was part of the cultural heritage of the African American community.

The issue of trademarking Juneteenth, a holiday that has deep cultural and historical significance for the Black community, raises both legal and ethical concerns. From a legal standpoint, it is possible for individuals or companies to apply for and obtain a trademark for the term “Juneteenth” or related phrases, such as “Juneteenth Celebration” or “Juneteenth Festival,” provided that the trademark meets the requirements of the United States Patent and Trademark Office (USPTO).

However, it is worth noting that obtaining a trademark does not give the owner the right to prevent others from using the term in a non-commercial or expressive context. In addition, trademarking a term associated with a cultural or historical event may be seen as an attempt to appropriate or commodify that culture or history, which can be controversial and offensive.

From an ethical standpoint, there are concerns about the propriety of profiting from a holiday that has cultural and historical significance for the Black community. Some individuals and organizations argue that using the holiday for commercial gain, particularly by non-Black individuals or companies, is inappropriate and exploitative. This can be seen as disrespectful or even offensive to some individuals or communities.

Furthermore, the appropriation of cultural or historical events can perpetuate systemic racism and cultural insensitivity. When companies or individuals seek to profit from cultural events without considering the cultural context or significance, they risk perpetuating harmful stereotypes and exploiting the culture for their own benefit.

Walmart pulled the Juneteenth ice cream from its shelves

Some individuals and organizations argued that the packaging trivialized the holiday and its origins, and called for Walmart to remove the product from its shelves. In response, Walmart issued a statement saying that it was “profoundly sorry” and would remove the product from its stores and website.

The controversy over the Juneteenth ice cream highlights the complex and sensitive nature of celebrating cultural holidays through commercial means. While companies and individuals may seek to honor and recognize the significance of the holiday, it is important to approach the issue with sensitivity and awareness of the cultural context and significance of the holiday. Ultimately, it is up to each individual and community to decide what is appropriate and respectful in celebrating and commemorating Juneteenth.

History and Significance of Juneteenth

Juneteenth is a day of great historical significance for African Americans in the United States. On June 19, 1865, Union General Gordon Granger arrived in Galveston, Texas, and announced that all slaves in Texas were free. This announcement came more than two years after President Abraham Lincoln issued the Emancipation Proclamation, which declared that all slaves in Confederate states were free.

The delay in spreading the news of emancipation was due to a lack of communication infrastructure in Texas and the unwillingness of slave owners to free their slaves. When Union soldiers arrived in Texas, they encountered resistance from Confederate forces, and it was not until the end of the Civil War that the Union forces were able to enforce the Emancipation Proclamation in Texas.

Juneteenth has been celebrated as a day of freedom and liberation for African Americans since its inception. The holiday is marked by a range of festivities, including parades, picnics, and family gatherings, and is an occasion to reflect on the history of slavery in the United States and to honor the contributions of African Americans to American society.

Conclusion

In conclusion, as of my knowledge cutoff of September 2021, there was no individual or company that legally owned the trademark for Juneteenth. Balchem, a white-owned company, had applied for a trademark for “Juneteenth” but later abandoned it due to public backlash. The issue of trademarking Juneteenth raises both legal and ethical concerns, as it is a holiday that has deep cultural and historical significance for the Black community.

Trademarking a term associated with a cultural or historical event may be seen as an attempt to appropriate or commodify that culture or history, which can be controversial and offensive. Ultimately, the ownership of a trademark for Juneteenth is not as important as respecting the cultural and historical significance of the holiday and being sensitive to the potential impact of commercializing it. The holiday serves as an opportunity to reflect on the legacy of slavery and racism in the United States, and to honor the contributions of African Americans to the country’s culture and history.

Frequently Asked Questions

It is possible for individuals or companies to apply for and obtain a trademark for terms associated with cultural or historical events, provided that the trademark meets the requirements of the United States Patent and Trademark Office (USPTO). However, trademarking a term associated with a cultural or historical event may be seen as an attempt to appropriate or commodify that culture or history, which can be controversial and offensive.

Yes, in 2020, Balchem, a white-owned company, applied for a trademark for “Juneteenth” but later abandoned it due to public backlash.

As of my knowledge cutoff of September 2021, there was no individual or company that legally owned the trademark for Juneteenth.

There are concerns about the propriety of profiting from a holiday that has cultural and historical significance for the Black community. Some individuals and organizations argue that using the holiday for commercial gain, particularly by non-Black individuals or companies, is inappropriate and exploitative. This can be seen as disrespectful or even offensive to some individuals or communities.

Juneteenth is a holiday that commemorates the end of slavery in the United States. It marks the day in 1865 when Union Army General Gordon Granger arrived in Galveston, Texas, and announced that all slaves were free. The holiday is an opportunity to reflect on the legacy of slavery and racism in the United States, and to honor the contributions of African Americans to the country’s culture and history.


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