TTAB Orders Cancellation of "THE REMNANT" Registration for Religious Services Despite Weakness of Petitioner's Identical Common Law Mark

The Board granted a petition for cancellation of a registration for the mark THE REMNANT for "religious and spiritual services, namely, providing gatherings to develop and enhance the spiritual lives of men," concluding that confusion is likely with petitioner's identical, common law mark for printed newspapers and the provision of online information, commentary and news services in the field of or pertaining to Catholicism. Petitioner had no trouble proving priority, and the marks are identical. What about the services? And how weak is "remnant" for religious-type services? The Remnant, Inc. v. New Life Worship Center, Inc., Cancellation No. 92085610 (September 28, 2026) [not precedential] (Opinion by Judge Thomas. W. Wellington).

Petitioner relied on only two marks, THE REMANT and REMNANT TV, and claimed to own a "family" of marks. However, the evidence did not show that those two marks were promoted in a manner that would cause consumers to recognize REMNANT as a common source-identifying element. [Turns out, it didn't need the "family" anyway - ed.]

The Board focused on petitioner's mark THE REMNANT. The fact that the two marks at issue are identical weighed "heavily" in petitioner's favor.

As to the services, third-party use evidence demonstrated that "it is common for religious organizations to offer, under the same mark, the same services as Respondent as well as the same or very similar goods and services to those of Petitioner." "The parties adopted the term due to its biblical significance and as a show of faith, and so too apparently have several other religious organizations." "The record before us demonstrates that the term REMNANT is not only conceptually weak but also has some commercial weakness."

Respondent relied on petitioner's admission that it was unaware of any instances of actual confusion between the parties’ marks, arguing that "[a] Catholic newspaper and a Protestant men’s spiritual gathering are not self-evidently related." The Board pointed out, however, that respondent’s broadly worded identification "does not limit its gatherings to any particular denomination." And so, it considered respondent's identification as encompassing religious and spiritual gatherings directed to men of any denomination, including Catholic men.

According to Respondent, its services are offered to “members resid[ing] in Rhode Island, Connecticut, and Massachusetts” and it “has no plans to expand beyond New England.” Thus, respondent essentially acknowledged that there has not been a “meaningful opportunity for actual confusion” during the few years of concurrent use of the parties’ marks.

In sum, the evidence establishes an absence of known actual confusion. However, because the parties’ actual concurrent use has been geographically limited and relatively brief, the record does not establish a meaningful opportunity for confusion to have occurred. We therefore treat both the seventh and eighth factors as neutral.

In sum, the parties are using an identical mark, and that weighed heavily in favor of a likelihood of confusion. The parties’ goods and services are "closely related," and the trade channels and classes of consumers overlap. "These factors outweigh our finding that the term REMNANT is conceptually weak and has some commercial weakness in connection with religious goods and services."

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TTABlogger comment: Did respondent have a prayer of winning?

Text Copyright John L. Welch 2026.