Getting a COA registered

[SlackerDrummer]

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.

The problem is this - derivative works do not share the same protections under US copyright law as original pictoral, graphic, and sculptural works. My assumed arms might be unique...maybe. Your granted arms surely are not (and of course they should be derivative of the MacMillan chief's arms since you are a MacMillan).

EDITED TO ADD: I neglected to mention that the standards for copyrighted works varies for different media (visual arts, performing arts, etc.), which is why your mention of a book and its sequels is irrelevant.

Additionally, I missed a point you were trying making I think. Unlike filing a business with your Secretary of State which can be done and then ignored to some extent, in the application for a trademark, you have to actually prove it's use in commerce (and perhaps even interstate commerce).