In what could be one of the strangest trademark matters we see all year, a candidate for the city council in Gettysburg, PA has laid claim to the local school district’s long-time logo. The school trademark in question — which is used throughout the entire district — is a stylized “G” inside an arrowhead. Now, council candidate Kierstan Belle says the logo is hers.

This strange case is only beginning to unfold. In fact, reporters on the ground have not even been able to verify the candidate’s claims yet. And while this case is happening on a state level, any outcome could have implications for school trademarks across the country. Regardless of what happens next, though, this small-town story is as interesting as they come.

Council Candidate Claims She Owns School Trademark

In Gettysburg, PA, the school mascot is the warrior. The district’s stylized logo is meant to convey “warrior spirit,” and a perusal of the school district’s Facebook page shows the logo has been in use since at least 2014. However, such use could easily predate those social media posts. This matters little to Kierstan Belle, though, who claims that the logo is hers as of September 14, 2023.

In a since-deleted Facebook post, Belle posted a screenshot of an email she sent to the school district. In it, she requests a meeting “to discuss the terms and conditions of our licensing fee.” Belle claims that she filed an application through her LLC to the Pennsylvania Bureau of Corporations and Charitable Organizations. However, the legal reasoning behind her claim to the school trademark seems strange.

Can Someone Claim a Trademark Already in Use?

When filing a trademark application, one of the primary points is to avoid any consumer confusion. When the U.S. Patent and Trademark Office (USPTO) reviews an application, one goal is to ensure that registering the trademark would not infringe on another party’s trademark. However, multiple parties can possibly use the same trademark.

The issue comes down to a likelihood of confusion. For instance, consumers are unlikely to confuse Delta Faucets with Delta Airlines. Thus, both companies can trademark the name “Delta.” Interestingly enough, this may not even be an issue — as Belle’s legal standing seems questionable.

When Is a Trademark a Trademark?

To claim ownership over a trademark — even a school trademark used merely as a mascot logo — a party must show a legitimate use in commerce or an intent to use it commercially. And even when this can be proven, the application must go through an opposition period. Had Belle gone through this process, her application likely would’ve been opposed.

We know this because of a statement from the Gettysburg Area School District Board President, Kenneth Hassinger:

“I would anticipate Gettysburg Area School District would vigorously argue and fight for what we believe belongs to the district… Warrior spirit is defined by the alumni, current students, staff and employees and can be defined to mean different things to different individuals.”

However, Belle has stated that her claim over the logo will redefine “what it means to be a warrior” and that the district “will have to uphold these values” if they want to continue using the school trademark. What these values are remains to be seen. It’s worth noting, though, that the Pennsylvania Department of State is the state agency that issues trademarks in Pennsylvania.

Even ignoring what could be considered the school district’s common law trademark rights over the logo, Belle’s application with the Pennsylvania Bureau of Corporations and Charitable Organizations may accomplish nothing in the way of trademark rights. Therefore, what some are viewing as extortion may be nothing more than a misunderstanding of the law.

Either way, watching this school trademark dispute play out will no doubt be interesting.