Trademarking Black History Month
Black History Month is celebrated in the U.S. during the month of February. Although recognized in some capacity since 1915, it has been officially acknowledged in the United States since 1976 with then-president Gerald Ford’s intention to “honor the too-often neglected accomplishments of Black Americans in every area of endeavor throughout our history.”
In that time, several organizations, including GFC Brands, Inc. – a retail grocery store – have attempted to obtain a trademark for some variation of “BLACK HISTORY MONTH” with the USPTO, despite its associations and highly descriptive terms. Trademarks made up of descriptive terms often face hurdles under Section 2(e)(1). Those that have attempted to lay claim have often incorporated the term into a longer phrase, for example “Rediscover Your Roots Black History Month”.
Of these applications, most have been abandoned or cancelled, but one remains active: “ASSOCIATION FOR THE STUDY OF AFRICAN AMERICAN LIFE AND HISTORY A EST. 1915 ASALH CARTER G. WOODSON, FOUNDER THE FOUNDERS OF BLACK HISTORY MONTH” (U.S. Trademark Reg. No. 5,559,022, Int’l Class: 035). The trademark application was first entered in 2017, and the Mark is owned by the Association for the Study of African American Life and History. The Mark’s success may be due to its lack of a singular association with just the month of honor. This is similar to the idea of commonly disallowing ownership to the name of a holiday, which is particularly important to protect the public's access to the observance and prevents any single entity from monopolizing it.
The Association for the Study of African Life and History has designated 2025’s Black History Month theme as “African Americans and Labor.” You can read more about the intersections of cultural significance and labor – both compensated and uncompensated – here.
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