Using the Templar cross: a guide to trademark and legal rules
Are ancient Templar symbols in the public domain?
The allure of the Knights Templar is timeless. The stark, powerful image of a red cross on a white mantle, the enigmatic seal of two knights sharing a single horse, or the sacred Agnus Dei—these are symbols that have echoed through centuries. For creators, reenactors, and modern enthusiasts, incorporating this iconography into custom gear, artwork, or personal emblems feels like connecting with a legendary past. But this raises a crucial modern question: who owns these symbols? The short, and slightly simplified, answer is that the original, historical symbols belong to everyone and no one. They are firmly in the public domain.
The concept of public domain is straightforward. It applies to creative works whose intellectual property rights have expired, been forfeited, or are inapplicable. The original Knights Templar order was founded in the 12th century, and any copyright or protective measures that might have existed in that era are long gone. The Papal Bull, Omne Datum Optimum of 1139, which granted the Templars the right to wear their iconic white mantle, and the later addition of the red cross, predates modern intellectual property law by over 700 years. Therefore, the historical depiction of the Templar cross, as it was known in the 12th and 13th centuries, cannot be owned by any single entity today. You are free to draw it, embroider it on a personal surcoat for a historical faire, or use it in an educational project about the Crusades without fear of a medieval lawsuit.
This applies to all the core historical symbols associated with the original order. The Beaucent, their black-and-white battle banner, the aforementioned cross pattée, and their famous seal are all part of our shared historical and cultural heritage. They are pieces of history, and history itself cannot be trademarked. This freedom is fundamental for historical societies, filmmakers, and academics who need to represent the order accurately. However, this is where the simplicity ends. While the ancient symbols are free, the way they are used and represented in the modern world is a far more complex legal tapestry.
Modern trademarks and the Templar legacy
While you can’t trademark a piece of history, you can absolutely trademark a modern logo that is *inspired* by history. This is the single most important distinction to understand when navigating the legalities of using Templar symbols. A trademark is not about owning a concept; it’s about protecting a specific mark (which can be a logo, name, or design) as it is used in commerce to identify the source of specific goods or services. Its primary legal purpose is to prevent consumer confusion. For example, when you see the Nike “swoosh,” you know the product is from Nike. That swoosh is a protected trademark.
Many modern organizations, both fraternal and commercial, use names and symbols inspired by the Knights Templar. These groups, from Masonic bodies like the Knights Templar of the York Rite to various self-styled chivalric orders and charities, have often created their own unique, stylized versions of the Templar cross or other insignia. They then register these specific logos as trademarks for their particular services, which could include charitable fundraising, fraternal membership, or selling merchandise. For instance, an organization might trademark a specific design of a cross within a crown emblem for use on clothing and jewelry. While the elements (cross, crown) are historical, their unique artistic combination and application in commerce are legally protected.
This is where the concept of “likelihood of confusion” becomes critical. If you were to create a product for sale using a symbol that is identical or confusingly similar to a modern organization’s trademarked logo, you could face legal challenges. The issue isn’t that you used a Templar cross; it’s that you used a symbol in a way that might mislead a consumer into believing your product is officially affiliated with, or endorsed by, that specific organization. For example, taking the exact, stylized logo from the website of the Sovereign Military Order of the Temple of Jerusalem (SMOTJ) and printing it on t-shirts to sell would almost certainly constitute trademark infringement. You are using their specific brand identity without permission. The legal system is designed to protect that organization’s unique brand and to ensure consumers know who they are dealing with.
Guidelines for your custom crusader creations
So, how can you, the creator, safely and respectfully use Templar iconography in your projects? The key lies in understanding the line between historical homage and modern branding. While this article is not a substitute for professional legal advice, here are some practical guidelines to help you navigate this territory for your custom creations. Think of it as a map for a landscape filled with both rich history and modern legal boundaries.
First and foremost, it’s essential to be clear about your intent. Are you aiming for historical reenactment or creating a new brand? For personal use and historical accuracy—such as crafting a surcoat, shield, or banner for a medieval fair or a private collection—you are generally on very safe ground. Using a historically accurate cross pattée as it would have appeared on a 13th-century knight’s uniform is an educational and historical exercise, not a commercial one designed to mimic a modern brand. The context is purely historical.
If you are creating a new logo or brand for a business, a club, or a product line, the path requires more care. Here are a few dos and don’ts to consider:
- DO research and lean towards historical designs. The closer your design is to documented, public domain sources from the 12th-14th centuries, the less likely it is to conflict with a modern trademark.
- DO create a unique stylization. If you want a Templar-inspired logo, make it your own. Combine the cross with other elements, use a unique color palette (other than the standard red on white), or alter the line work and proportions to create something that is clearly distinct from any existing organization’s logo. Originality is your best defense.
- DO perform a trademark search. Before finalizing a design for commercial use, it’s wise to search official trademark databases, such as the USPTO’s TESS (Trademark Electronic Search System) in the United States or similar databases for your country. Look for registered logos used in the same class of goods or services you intend to operate in.
- DON’T copy the exact logo of any modern organization. This is the most direct path to infringement. Even if the organization is small or in another country, using their specific, branded insignia is a significant legal risk.
- DON’T imply affiliation or endorsement. Avoid using phrases like “The Official,” “Sanctioned by,” or pairing a symbol with a name that mirrors an existing group. Your branding should stand on its own and not ride on the coattails of another organization’s reputation.
- DON’T forget the disclaimer. Ultimately, for any serious commercial venture, consulting with an intellectual property lawyer is the only way to get a definitive answer on the legality of your specific design.
In essence, the spirit of the Templars was one of devotion and service. In the modern age, the spirit of using their symbols should be one of respect—respect for history and respect for the brand identities of the modern organizations that carry on the legacy in their own unique ways. By staying true to historical sources for personal projects and prioritizing originality for commercial ones, you can honor the legend of the Knights Templar without crossing modern legal lines. Let their powerful history inspire your creativity, and let your unique vision guide your creations.