Clearly we own all rights to our Church name.
Anyone who infringes our rights intentionally can be held liable for up to treble damages in court. In such a case we are able to take legal action for trademark infringement and dilution of our mark as well as claims of identity theft, fraud, theft by deception and any related claims the attorneys see fit to include.
Excerpt from Trademark law
A Service Mark is word(s), symbol or phrase used to identify the owner of a mark. In this case our mark, according to the USPTO shows the logo with text and below states: (Words Only): THE HOLY EASTERN ORTHODOX CATHOLIC AND APOSTOLIC CHURCH IN NORTH AMERICA which is clearly shown on the Registration of the Service Mark in 2000. The new registration (2009) has the updated Logo.We understand that the words in the order shown on the logo are distinctive to us and our mark.
Copy of original registration from our site
THEOCACNA Service Mark
Our second registered service mark is the name - Society of Clerks Secular of St Basil. Many groups claim our name but none are the original group that had been started as part of our Church.
Page showing our Logos and marks
Thus use of our mark in whole or in part is illegal when another "church" takes our name and/or logo and claims to be us including making claims on our Church and history. This is the question I asked of a lawyer basically. If someone takes a service or trademark that is infringement. Any damage to the marks real owner caused by such action would be dilution of the mark. If they claim our mark, our name and logo, that is also identity theft since the owners are the lawful entity by law.
If you read the law this is what it seems to say. Like Kodak camera and Kodak gas and oil - no problem, but when Kodak produced instamatic cameras they were sued by polaroid years ago and if someone took the name Kodak for their own camera or film company there would be a problem based on the same catagory (cameras and film).
Our second mark - The Society of Clerks Secular Service Mark has been in use under common law and as a USPTO Registered Mark over the 5 years mentioned by law and is also our legal property.
Ownership of a Service Mark is Not dependent on it being registered once ownership has been legally established.
Therefore by law we have exclusive right to the use of the mark and
this is incontestable according to law.
15 USC § 1065
The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark. However registration is NOT required. The owner of a common law trademark may also file suit.
Since we have been Registered with the U.S.P.T.O. we hold all rights to our Service Marks.