Department of Defense
INSTRUCTION
NUMBER 5535.12
September 13, 2013
ATSD(PA)
SUBJECT: DoD Branding and Trademark Licensing Program Implementation
References: See Enclosure 1
1. PURPOSE. This instruction implements the DoD Branding and Trademark Licensing
Program pursuant to DoD Directive (DoDD) 5535.09 (Reference (a)), section 2260 of Title 10,
United States Code (U.S.C.) (Reference (b)), and sections 1051 through 1127 of Title 15, U.S.C.
(Reference (c)), in accordance with the authority in DoDD 5122.05 (Reference (d)), to provide
oversight, assign responsibilities, and prescribe procedures of the program.
2. APPLICABILITY. This instruction applies to OSD, the Military Departments, the Office of
the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, the
Office of the Inspector General of the Department of Defense, the Defense Agencies, the DoD
Field Activities, and all other organizational entities within the DoD (referred to collectively in
this instruction as the “DoD Components”).
3. POLICY. It is DoD policy in accordance with Reference (a) to establish and maintain a
program to license marks owned or controlled by DoD Components, to protect such marks from
unauthorized use, and, at the discretion of the OSD and DoD Components concerned, to register
such marks with the United States Patent and Trademark Office (USPTO) when doing so is in
the best interest of the DoD.
4. RESPONSIBILITIES
a. Assistant to the Secretary of Defense for Public Affairs (ATSD(PA)). The ATSD(PA):
(1) Issues guidance to the OSD and DoD Components regarding the licensing of marks
and the operation of a trademark licensing program as is necessary to carry out the policies and
objectives set forth in Reference (a) and this instruction in accordance with Reference (b).
(2) Establishes policies and procedures to govern, register, protect, and license OSD
Component marks.
