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Religious Organizations

Religious Organizations

Case Summary: Brand Name or Common Name Before the TTAB

In a TTAB matter, the petitioner argued that the registrant’s mark was confusingly similar to its senior registered mark. The key question was whether consumers see the contested term as the name of a specific religious organization or as a name for a religion in general.

ForumTrademark Trial and Appeal Board
QuestionIs the term the name of a specific religious organization, or a name for a religion in general?
FormatTeflon format, adapted for religious organizations
SampleHundreds of current and future Protestant Christians nationwide

The Case

Survey design

We ran a consumer survey using the Teflon format, adapted for religious organizations instead of branded products. Respondents who linked the term to a specific religious organization classified it as a brand name. Those who linked it to a religion generally classified it as a common name.

The sample was hundreds of current and future Protestant Christians nationwide. The controls were recognized religions and recognized religious organizations, used to check respondents’ comprehension and screen out guessing.

Findings

A majority of respondents believed the term names a specific religious organization, which supports brand-name status. A much smaller share saw it as referring to a religion generally. A strong majority classified the control terms correctly, which suggests respondents understood the task.

In their open-ended answers, respondents often described the term as a specific group that practices and teaches a defined doctrine.

Conclusion

The methodology was adapted carefully, with controls for comprehension and guessing. The results are reliable evidence on the threshold question of whether consumers treat the term as a source-identifying brand instead of a generic descriptor.

How much will a survey cost?

Every study is built around the needs of the case, so the cost depends on the design.

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