Can Kanye West continue to use ‘SUNDAY SERVICE’ even though his trademark application was denied by the USPTO?

Kanye West has turned his Sunday church service into a whole movement. He recently took it a step further and launched a clothing brand to make sure you're dressed appropriately to enjoy the service. Of course in true Kanye fashion, he filed a trademark application to protect the brand he was building - because that's what you do. If you're going to invest time or money into building a brand you definitely should protect it - kudos to Kanye on that. However, to get a trademark application approved you have to pass the review from the trademark office attorney.

Kanye's team filed a trademark application to protect the mogul's church clothing brand SUNDAY SERVICE back in July. The application was for Class 25 which covers dresses, jackets, scarves, footwear, headwear, and more merch you would wear to Sunday Service. The U.S. Patent and Trademark Office issued a non-final Office Action last week refusing Kanye's application. The reason for the refusal isn't because the term Sunday Service is common but because there is a registration for SUNDAY SERVICE. I know you're thinking, that's just weird but it's true. The registration for SUNDAY SERVICE covers organizing and presenting live music events, music tours, dance parties, and similar entertainment events.

Now that the USPTO has denied his application it's unlikely that Kanye will stop using the brand right away. The Office Action isn't final and Kanye still has a chance to respond with his best argument for why his brand SUNDAY SERVICE will not get confused with the trademark SUNDAY SERVICE. If Kanye's team can persuade the attorney in the USPTO Mr. West will add SUNDAY SERVICE to his IP portfolio where he holds the trademark for Yeezy, Yandhi and Red October.

About Kendra Stephen, Esq.

Experienced trademark lawyer with a demonstrated history of registering trademarks. Skilled in trademark registration, office action responses, trademark monitoring, maintenance, brand protection, monetization and licensing.

Named a Top 10 Black Female Attorney You Should Know by Black Enterprise Magazine.

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