The LDS Church Is Trying to Block Another Mormon Trademark

Another day, another trademark opposition filed by The Church of Jesus Christ of Latter-Day Saints (LDS). The term “Mormon” has long been used to describe members of the LDS religious community — which is logical since its religious text is called The Book of Mormon. However, the intellectual property arm of the church has rushed headlong into another dispute over the Mormon trademark.

The LDS Opposes ‘Bad Mormon’ Trademark

Back in August 2021, the brand Heathertainment, Inc. filed an intent to use trademark application for the term “Bad Mormon.” Although the application focused on trademarking the name for use on beverage containers, clothing, and podcasts, most people now link the name to Real Housewives star Heather Gay’s upcoming book, Bad Mormon — set for release in February 2023.

In the notice of opposition, the LDS claims that registration of the “Bad Mormon” trademark would create a likelihood of confusion, trademark dilution, falsely suggest a connection to the church, and be otherwise deceptive. The church also provided its extensive list of registered marks — which includes “Mormon” and several variations — in their request to prevent registration.

This is far from the first time the LDS has gone after smaller organizations that attempted to trademark terms containing the word “Mormon.” The intellectual property arm of the church — Intellectual Reserve, Inc (IRI) — tried to block a dating app from using the name “Mormon Match” in 2014. It did the same against the Mormon Mental Health Association.

Can a Religion Really Be Trademarked?

The big question surrounding the Mormon trademark is whether the trademarking of a religious label can prevent others from using the term. While the LDS does own rights over several variations of “Mormon,” this wouldn’t necessarily stop others from also using the term. Particularly when their use wouldn’t occur in such a way that may create a likelihood of confusion among consumers. There are some other grounds the church could use, but would they really apply?

After all, could the Vatican interfere with someone using “Catholic” as a descriptive term in a trademark registration? Could leaders of the Muslim faith or Buddhism do the same? Most would assume this answer is “no,” but to be fair, these belief systems are thousands of years old. However, the Church of Jesus Christ of Latter-Day Saints came about less than 200 years ago — just decades before America’s first trademark registration.

Could this convey additional rights to the church? That is something that may need to be established under the law. Many believe that the LDS is simply using its massive resources and the threat of litigation to prevent others from using any Mormon trademark. However, it’s worth noting that the issue with Mormon Match was settled outside of court. Could the result be the same in the case of the “Bad Mormon” label?

What Happens Next?

There’s little doubt that the LDS church will continue its fight against “Bad Mormon.” They’ve gone as far as to take on a tiny coffee shop that dared to use the likeness of the angel Moroni in its advertisements. However, the trademark opposition filed by the church seems to take on a more personal undertone. This is evidenced by their claim that:

“Applicant’s use of the generic word ‘bad’ is deceptive in that it falsely represents that Opposer, the Church or its members are bad or otherwise behaving immorally… with an intent to advance its false suggestion of connection or by conveying stories of alleged former or existing members of the Church behaving immorally…”

And while the church cannot prevent the publication of the Bad Mormon book, it likely has issues with the release. After all, the book promises to expose secrets that Heather Gay “once held sacred” and to provide “an unfiltered look at the religion that broke her heart.” In other words, the LDS might not back down from this fight. However, they’re not up against a small coffee shop or app startup this time.

They’re going up against a celebrity with a major book deal. Heathertainment, Inc. and Heather Gay have until November 21, 2022 to file their answer to the opposition. If no settlement is reached between the two parties, the case will go before the Trademark Trial and Appeal Board, and even if they choose to not take the dispute to court, the TTAB hearing could last well into 2024.

It’s difficult to predict what will happen next, but we may finally get to the bottom of whether a Mormon trademark can exist outside of the LDS.