Juneteenth is more than a date. It forms  a vital part of America’s story. On June 19, 1865, enslaved African Americans in Galveston, Texas, learned they were free, two years after the Emancipation Proclamation. 

Today, Juneteenth is a federally recognized holiday celebrated nationwide, symbolizing freedom, community, and cultural resilience. As Juneteenth grows popular, a new challenge emerges: Who “owns” Juneteenth? How do trademarks affect its cultural integrity?

Can You Trademark a Holiday?

The short answer is, it’s complicated. Legally, no one can claim exclusive rights to a historical date or event. History itself is public property, free for everyone to acknowledge and celebrate. However, trademark law does allow protection for how individuals and businesses package or uniquely brand their celebrations. The term “Juneteenth” alone cannot receive trademark protection. However, creators can trademark logos, branding, merchandise designs, or slogans tied directly to Juneteenth celebrations provided they are distinctive or unique.

However, obtaining trademarks related to holidays isn’t always easy. A trademark search often reveals many existing holiday-related trademarks, making approval challenging. For example, thousands of trademarks already incorporate the term “Christmas.” Authorities often deny new applications that use this phrase due to overlap. At their core, trademarks restrict usage to specific markets or industries. This limitation prevents a single trademark from controlling a holiday-related phrase or logo.

Cultural Sensitivity and Trademark Risks

Trademarking around culturally significant holidays like Juneteenth introduces even greater complexity. These celebrations tie closely to communities’ identities and heritages. Efforts to trademark related expressions can provoke backlash if perceived as insensitive or exploitative.

In 2022, Walmart introduced a Juneteenth-themed ice cream under its Great Value brand. The product featured the trademark symbol next to the term “Juneteenth.” Developed in collaboration with Balchem Corporation, which had previously applied for a trademark on “Juneteenth,” the product immediately triggered public outrage. Critics accused Walmart of  commercializing a culturally significant term. Walmart then removed the product and issued a public apology. Balchem withdrew its trademark application shortly thereafter, illustrating how sensitive and complex trademarking culturally significant holidays can be.

Trademark Success Stories and Controversies

Not all trademarking efforts are controversial. Some widely celebrated trademarks around holidays have become iconic. Consider Coca-Cola’s trademarked depiction of Santa Claus. It boosted the brand’s presence and built a lasting cultural image. This success makes it harder for smaller businesses and creators to trademark holiday themes. It intensifies competition and complicates trademark searches and applications.

Striking a Balance: Respecting Culture While Leveraging IP

Navigating the relationship between trademarks and Juneteenth requires a thoughtful, balanced strategy:

• Genuine Community Engagement: Collaborate with community leaders and cultural representatives to ensure branding initiatives reflect and honor Juneteenth’s cultural roots.
• Thorough Trademark Review: Authorities must carefully examine trademark applications, rejecting those likely to dilute cultural significance or generate controversy.
• Community Advocacy and Awareness: Active community participation can help ensure Juneteenth trademarks honor history and respect cultural heritage rather than exploiting it.

Preserving the True Meaning of Juneteenth

Ultimately, Juneteenth represents ideals beyond commerce—freedom, community, and reflection. Intellectual property laws and trademarks protect ideas. Their use should enhance, not undermine, the authenticity of cultural celebrations.

As we celebrate Juneteenth, we must honor history, support meaningful education, and promote genuine community engagement above commercial interests.

The Michelson Institute for Intellectual Property, an initiative of the Michelson 20MM Foundation, provides access to empowering IP education for budding inventors and entrepreneurs. Michelson 20MM was founded thanks to the generous support of renowned spinal surgeon Dr. Gary K. Michelson and Alya Michelson. To learn more, visit 20mm.org.