Precedential No. 9: Business Card Specimen Does Not Prove Use of Collective Membership Mark, Says TTAB

Section 4 of the Trademark Act provides for registration of a collective membership mark, defined as a trademark or service mark adopted by a collective and used by members to indicate membership in the collective. Mission American Coalition sought to register the mark THE TABLE COALITION "to indicate membership in a group of church leaders, senior church members, ministers, independent evangelical preachers, and other evangelical principals to promote and support evangelistic activities." However, its specimen of use failed to show use by members to indicate membership in the collective organization. And so, the Board affirmed a refusal to register under Sections 1, 4, and 45 of the Act. In re Mission America Coalition, Serial No. 90019480 (February 17, 2023) [precedential] (Opinion by Judge Peter W. Cataldo).

Applicant's specimen of use comprised a business card of its Director of Ministry, Deena Kvasnik (shown above). Examining Attorney Jaime Batt maintained that the business card is used by the organization itself, not by a member to indicate membership in the coalition.

Applicant argued that her business card is presented to potential members to solicit their membership in Applicant. However, in her declaration, Ms. Kvasnik did not aver that she is a member of the organization, and the business card states that she holds the position of Director of Ministry. It does not identify her as a member.

Thus, Applicant’s specimen – the business card of one of Applicant’s officers – shows use of THE TABLE COALITION by Applicant, not as a collective membership mark by members of Applicant’s organization, “to inform relevant persons of the members’ association with the organization.” In re Code Consultants Inc., 60 USPQ2d at 1700. [Emphasis by the Board].

The record as a whole, including Ms. Dvasnik's declaration "suggests Applicant's use of the TABLE COALITION as a service mark," but it does not show use of the mark as a collective membership mark in connection with the identified services. [Emphasis by the Board].

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Text Copyright John L. Welch 2023.