Sunday, April 01, 2007

Trademarking the word "Mormon"

Recently there has been some discussion about the Church trademarking the term "Mormon." In September of 2002, Intellectual Reserve, Inc. (a wholly-owned subsidiary of the LDS Church) filed with the U.S. Patent and Trademark Office to trademark the word. You can find the application at the USPTO site by searching for the serial number (#78977858). Alternatively, you can see a screen capture of the page here.

Although the application process has gone on for some time, its recent discovery in the "Bloggernacle" has caused somewhat of a stir. (See a few of the comments on this Sustain'd thread for some opinions.) The Church likely hopes that trademarking the term "mormon" will alleviate confusion between the LDS Church and other sects. However, as many have noted, the issue of enforcement may make a trademark impossible or overly onerous. The term "mormon" has been around for a long time -- since 1833, according to the trademark application. It is a common word used to describe not just a church, but its members, a well-known choir, and various other affiliated institutions.

If the Church were to successfully obtain a Mormon trademark, it could potentially have a cause of action against groups who use the term in a confusing manner. And in order to maintain the trademark, the Church would likely have to actively contact and request clarification of people using the term incorrectly. Many people have pointed out that the likely bad publicity from such a move may cause the legal tactic to backfire.

However, the trademark has not yet been issued, so it remains to be seen if Intellectual Reserve will go through with the process or the Patent and Trademark Office will award the trademark.

1 comment:

Unknown said...

Not so much a comment as a question. Since the term Mormon comes from the Book of Mormon, and the Book of Mormon is now in public domain, can't the word as it refers to the Book of Mormon or the characters in it be used any way people wish?

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