The USDA Agricultural Marketing Services has registered the Organic seal as a trademark with the U.S. Patent and Trademark Office.  USDA-AMS now has now acquired intellectual property rights that will prevent use of confusingly similar seals or logos.  Jennie Lester Moffitt, USDA Undersecretary for Marketing and Regulatory Programs, stated, “While we have always had the authority to enforce against fraudulent use of the organic seal, registering the seal with the U.S. Patent and Trademark Office significantly increases the cost of fraud and helps us better protect U. S. consumers and farmers.”  In the event of infringement of the trademark, USDA can sue for civil penalties, including injunctive relief and monetary damages.  The U. S. Department of Homeland Security, Customs and Border Protection can detain and reject products fraudulently using the USDA organic seal.

The USDA AMS maintains the Organic Integrity Database as a resource to confirm that imported and domestic products are bona fide certified USDA Organic™.