Getting a COA registered

[MacMillan of Rathdown]

Thanks for the kind words and the clarification.

Having been an expert witness then, you know full well the hugely significant difference between a registered trademark and even a piece of copyrighted artwork. As a coat of arms in this country isn't barely (if at all) protected by copyright law (except for a specific exemplification thereof), you can appreciate how much more difficult it would be hold said coat of arms up to standard of a trademark.

As you have said, it is the date of registration that matters. What you neglected to say is the date of registration with whom. In this case, it would be the United States Patent and Trademark Office under the Department of Commerce, not a foreign heraldic authority. And the reason that a trademark is registered with the Department of Commerce is because it has to be used in commerce. A personal coat of arms cannot be registered as a trademark unless it is used in one's business and therefor has none of the legal protection of a trademark.

My experience in trademark law is limited, whereas my experience in matters of copyright has a somewhat broader scope. As I understand it, here in the United States, the present copyright laws and conventions protect the original work, in any and all forms, in which it may be rendered. For example, if you write a book no one may write a sequel, or produce a play or film, based on that work. Likewise, if you are a painter, no one can "copy" that picture without your permission; you, on the other hand, can produce copies in any size or medium that you choose. In other words, the copyright limits the use of the original to the copyright holder. (There is provision for "fair use by others" but that is beyond the scope of this post.)

The problem with a trademark (insofar as a coat of arms is concerned) isn't that the actual "mark" (the shield) can't be registered; it probably can, as a sign of membership, but rather that once registered it would be equally available (without brissure) to everyone within the definition of the "purpose of the trademark user". Let's say you decided to TM your arms. What would be the purpose of the use of the TM? Let's say you said, "to define and identify descendants of the late Phineas Mansfield" (or whatever your grandfather's name may have been). Once the trademark is passed, all of Phineas's descendants have identical arms, because the original TM can't be altered (by normal cadency) without applying for a new TM for each and every descendant.

In any event, for the orderly transfer of the copyright/trademark of the arms from one generation to the next the arms should probably be in the name of the proprietor as a corporation sole.