• Copyright
• Who is the owner of a copyright?
• Religious Services Exemption
• Copying Music
• Audio and Videotapes of Religious Services
• Video Viewing
• Other Copyright Resources
• Internet and Other Electronic Media Copyright Issues
• Web Pages
• Computer Software
• Uploading and Downloading from the Internet
• Domain Names
• Trademarks
• Application and Use of the Presbyterian Church (U.S.A.) Name
• The Seal of the Presbyterian Church (U.S.A.)
• Instructions for Request for License to use the Seal of the Presbyterian Church (U.S.A.)
• Guidelines for use of the Seal of the Presbyterian Church (U.S.A.)

To develop a trademark, the more arbitrary and fanciful the selected mark is the better. The idea is to select a distinctive mark, such as "Xerox®" for a photocopier, rather than one that is generic or descriptive. The purpose is to distinguish one company's goods or services from another's. Once the mark is selected, a trademark search should be designed with an attorney and conducted by the attorney or a trademark search firm. The attorney will also work with you to determine whether the mark should be registered and, if so, whether it should be registered at the state level or with the U.S. Patent and Trademark Office at the federal level. After registration, the mark must be consistently used as a trademark or service mark, meaning that whenever possible the mark should be used with a generic term or with the word "brand," for example, "Coca Cola" soft drinks or "Coca Cola" brand soft drinks. This is an important precaution to avoid losing the mark by its becoming a generic term as was the case with the term "aspirin." A notice that the mark is registered should be included when the mark is used. One of the following notices should appear with a federally registered trademark:

• The letter R enclosed in a circle: ®
• Reg. U.S. Pat. & Tm. Off.
• Registered in the U.S. Patent and Trademark Office

To maintain a federal registration, an affidavit of use must be filed during the fifth year of registration or the mark will be canceled. In addition, an affidavit of incontestability should also be filed. The filing of this affidavit makes the mark incontestable, meaning the registration becomes conclusive evidence of the registrant's ownership and renders the mark immune from attack in certain instances. Federal registrations must be renewed every ten years after registration.

While maintenance of the registration is important, it is equally important to protect the mark from infringement and dilution. Failure to act to stop unauthorized use of a trademark may result in abandonment of the mark and loss of the exclusive right to use it.

From time to time, one may desire to use a trademark owned by someone else. Always obtain written permission to make any commercial use of another's mark. If you receive a cease and desist letter from a trademark owner for unauthorized use of their mark, contact your attorney before responding.

The term property includes many elements or ideas in addition to land and the rights incident to land. The law of unfair competition prohibits the misleading use of a name, even while unintentional, and is based on the idea that the right to use a name is a valuable property right entitled to protection from misappropriation and misuse. The right to exclusive use of a name may be established by a history of prior usage of the name, by compliance with statutory provisions about registration and notice, or by a combination of both.

The use of the name "Presbyterian Church (U.S.A.)" by unauthorized persons or organizations comes within the area of the law known as unfair competition. The use of the name of the church in such a manner that deception or confusion may result is considered unfair competition. The remedy at law is generally an injunction prohibiting the offending party or parties from continuing the unauthorized use of the name and/or monetary damages. The complaining party must show that the effect of the offending use is the likelihood of confusion or deception of third parties.

Sometimes other churches with confusingly similar names to a Presbyterian Church (U.S.A.) church are established in the same community. This situation could lead to confusion not only among potential members but also with wills and bequests that are ambiguous in their reference to the recipient church. The term "Presbyterian Church" has been in use for hundreds of years and is one to which several denominations lay claim. Each of these denominations should incorporate some wording into their name to distinguish them from one another in order to avoid confusion. For example, the term "Presbyterian Church in America" is distinguishable from "Presbyterian Church (U.S.A.)." Such distinguishing denominational names on local church signs, letterhead, and the like often remedy any potential confusion.

The ultimate concern is that the term "Presbyterian Church (U.S.A.)" not be used by parties that are not official organizations of the church. If you become aware of such misuse, contact Martha Clark, Office of Legal/Risk Management Services, 1(888)728-7228 ext. 5390. The Legal Office can help determine next steps. Generally, the first step will be a friendly call on the infringer by the local minister or presbytery executive. If that contact is not productive, the next step will most likely be a letter to the infringer demanding they immediately cease and desist use. If an infringement legal action becomes necessary, the relief requested would most likely be a permanent injunction against the continued use of a misleading name by an unauthorized organization. Any actions necessary to enjoin misuse of the term "Presbyterian Church (U.S.A.)" would be brought by Presbyterian Church (U.S.A.), A Corporation. If the unauthorized user is allowed to continue the use with the knowledge of the denomination, the denomination's exclusive rights to the term "Presbyterian Church (U.S.A.)" could be compromised.

The seal was approved by the 197th General Assembly (1985). Each congregation and governing body may use the seal without receiving prior permission. Congregations and governing bodies may not, however, license use of the seal to anyone else. All other organizations, groups, and members must receive prior written permission to use the seal from the Office of the General Assembly, Attn: Director of Administration, 100 Witherspoon Street, Louisville, Kentucky 40202. The phone number is (888)728-7228 ext. 5375.

A congregation or governing body may, of course, authorize the seal to be used for core functions of the governing body. For example:

• Printing on church stationery and publications
• Church signs
• Shirts for church athletic teams

Any authorized use of the Presbyterian Church (U.S.A.) symbol must comply with the following guidelines, as may be amended from time to time by the Office of the General Assembly:

1. The design and proportions of the symbol must not be altered in any way, except the size may be changed for use on stationery, signs, banners, and so forth. The colors may be changed in the manner set forth below.
2. The symbol may be used with or without the words "Presbyterian Church (U.S.A.)" encircling the symbol.
3. The use of color in the symbol is permitted as follows:
   • Traditional colors using royal blue or gold for the cross, scripture and dove portion, and gold for the words "Presbyterian Church (U.S.A.)" encircling the symbol.
   • Liturgical colors using one color for the entire symbol as follows: violet for Advent and Lent, red for Good Friday and Pentecost and green for the Sundays after Pentecost.
   • Other colors and color combinations with prior approval of OGA.
4. The symbol must never be depicted with any type of motion. For example, the symbol must not be depicted in a video or on an Internet web page as spinning.
5. While every use of the seal may not provide an opportunity to display the statutory notice (the circle "R", ®) and use of the statutory notice is not mandatory, it is good practice, when practicable, to give public notice of the trademark registration by using one of the following:
   • The letter R enclosed in a circle: ®
   • Reg. U.S. Pat. & Tm. Off.
   • Registered in U.S. Patent and Trademark Office

Trademark protection may be lost through improper use, abandonment, and dilution. To minimize this risk, the symbol must always be used in its entire and original form.

As is the case with the notice of trademark registration, copyright notice is not mandatory but, whenever possible, it is desirable to include some notice of the copyright on the inside cover of publications displaying the seal. The following language is suggested: "The seal is the exclusive property of the Presbyterian Church (U.S.A.) and is registered in the U.S. Copyright Office. This seal may not be used or reproduced without the prior written permission of the Office of the General Assembly of the Presbyterian Church (U.S.A.), 100 Witherspoon Street, Louisville, Kentucky 40202."

In addition, any suspected unauthorized use should be promptly brought to the attention of the Office of Legal/Risk Management Services or the Office of the General Assembly by forwarding the name and address of the user as well as a sample of their use of the seal.

Anyone other than a congregation or governing body who plans to use the seal must receive the prior permission of the Office of the General Assembly. Any products marketed in wholesale or retail settings must be specifically licensed by the Office of the General Assembly. An application for use must be submitted and a fee must be paid for each design. A sample of the proposed product should be sent to the Office of the General Assembly so approval may be based on the finished product.

For more information or a license to use the seal, contact:

Office of the General Assembly
Attention: Director of Administration
100 Witherspoon Street
Louisville, KY 40202
(888)728-7228 ext. 5438

This completed request-for-permission form should be sent to the Office of the General Assembly. A sample of the product should be sent with this request. Send to:

Office of the General Assembly
100 Witherspoon Street
Louisville, KY 40202
Attention: Director of Administration
(888)728-7228 ext. 5438

1. Provide your name, the company name, if any, and address.
2. Please set forth in detail the proposed use of the seal. (For example, for a jewelry pin, on clothing, etc.) Please supply us with as much information as possible. Also, please explain how the product is to be marketed or sold. (For example, to a local Presbyterian church, produced for a conference, etc.)
3. If you have a sample of the product, please enclose it and indicate in #3 that you have enclosed it. In order to maintain the integrity and proportions of the seal, you should obtain design proofs from the Office of the General Assembly if you do not have any available.

If you do not have the actual product, describe how it will appear. For example, if it is used for a jewelry pin, give the materials and dimensions (if no sample is available, enclose a sketch). For clothing, describe the specific article of clothing and explain how the design will appear (if no sample is available, enclose a sketch).

4. State the number of products you intend to produce.
5. State the sale price per individual item.
6. Provide the name of the governing body or entity in the Presbyterian Church (U.S.A.) that requested that you produce this product. For example, a local church, presbytery, agency, etc. Please supply us with the name of the individual from which you obtained this request. If such authorization is not direct, please explain how you plan to market this product.
7. For renewals, you may enclose the original application and a note that you are requesting a renewal. If you do not have the original request, please complete this form again and include the date the original license was granted. If you have changed your name from the time of the original request, please let us know.

1. The design and proportions of the symbol must not be altered in any way, except the size may be changed for use on stationery, signs, banners, and so forth. The colors may be changed in the manner set forth below.
2. The symbol may be used with or without the words "Presbyterian Church (U.S.A.)" encircling the symbol.
3. The use of color in the symbol is permitted as follows:
• Traditional colors using royal blue or gold for the cross, scripture and dove portion, and gold for the words "Presbyterian Church (U.S.A.)" encircling the symbol.
• Liturgical colors using one color for the entire symbol as follows: violet for Advent and Lent, red for Good Friday and Pentecost and green for the Sundays after Pentecost.
• Other colors and color combinations with prior approval of OGA.
4. The symbol must never be depicted with any type of motion. For example, the symbol must not be depicted in a video or on an Internet Web page as spinning.
5. While every use of the seal may not provide an opportunity to display the statutory notice (the circle "R", ®) and use of the statutory notice is not mandatory, it is good practice, when practicable, to give public notice of the trademark registration by using one of the following:
   • The letter R enclosed in a circle: ®
   • Reg. U.S. Pat. & Tm. Off.
   • Registered in U.S. Patent and Trademark Office

Trademark protection may be lost through improper use, abandonment, and dilution. To minimize this risk, the symbol must always be used in its entire and original form.