Earlier this year, Ye started a weekly, super low-key, invite only, NDA required, dress code enforced, praise + worship-like service. He called it Sunday Service. It’s not your traditional Sunday service though. For starters, it only lasts about an hour—a huge departure from the Sunday service most of us are used to. The biggest distinction though, it’s not a church or a church service, it’s an hour-long jam session-turned concert. Leaving no genre untouched, Ye takes classic cuts and gives them (supremely dope) gospel remixes. Anita Baker’s ‘Angel’ + No Doubt’s ‘Don’t Speak’ are two of our absolute favorite remixes. ::waves hand:: Sunday Service started in the Kardashian-West home, but quickly moved outside to the hills of Calabasas. Where, exactly? It depends. Ye has someone scout locations week-to-week + decides on spot a few days before the service.
As evident by the NDA, nearly without exception, Sunday Service is invite only.
Since Kim first introduced us to Sunday Service on Twitter in January, Ye has made one exception regarding the invite only rule—Easter Sunday at Coachella. Sunday Service at Coachella was like Super Sunday Service, with grand entrances, prayers from DMX, chicken + waffles, tacos, smoothies, pressed juices and MERCHANDISE to boot. Because what’s a Yeezy concert without merch? Not a Yeezy concert at all. Ye’s merch—which he called Church Clothes—included sweatshirts, t-shirts, and socks bearing slogans like ‘Jesus Walks’, ‘Trust God’ and ‘Sunday Service at the Mountain’.
Apparently, the merch went over well.
On July 19th, Ye’s team submitted a trademark application to the USPTO to register the mark “Sunday Service” in connection with apparel, specifically bottoms, dresses, footwear, headwear, jackets, loungewear, scarves, shirts, socks, and tops. The application was submitted on an intent to use basis. Let’s stick a pin here. If you read our post last week regarding Megan Thee Stallion and her intent based application for Hot Girl Summer, you’re probably wondering if Ye’s teams made the same slip up as Meg’s team by filing an intent to use application. If so, you’re definitely asking the right questions, but the answer is no.
Here’s the distinction.
Megan Thee Stallion is currently using the phrase ‘Hot Girl Summer’ in connection with three of the five of which she’s seeking registration. Not only is Meg ‘Hot Girl Summer’ in connection with entertainment, streaming music, and downloadable music, Meg is arguably using them in a way that is sufficient under trademark law. In Ye’s case, he is not currently using Sunday Service in connection with apparel. Well, what about the merchandise he sold at Coachella? One time sales is not sufficient use under trademark law because, in addition to other elements, the use must be continuous. Plus, the application lists apparel like headwear, footwear, and other outerwear not offered at Coachella. Likewise, the one time, limited edition offering of the ’Church Clothes’ isn’t enough to be considered use in commerce. So Ye’s team made the right move in terms of submitting an intent based application. Doing so gives Ye at least 6 months to produce some apparel bearing a ‘Sunday Service’ hangtag.
Were we surprised when we learned about Ye’s next venture? Nope. His outbursts + ridiculous public statements aside, he’s a living, breathing, Chi City representin’, creative genius. So this merch line makes total sense.
We were curious to know whether Ye ’s team also filed the more obvious application for Sunday Service, in connection with entertainment, specifically arranging and conducting live musical performances.
So we hustled over to the USPTO to check the trademark filing database to see what we could find. We learned that that answer was no—Ye is not seeking a trademark for Sunday Service in connection with entertainment because a trademark for Sunday Service in connection with entertainment already exists. Registered in 2015, Sunday Service is owned by an individual in New York, and registered in connection with entertainment, specifically “arranging, organizing, conducting, and hosting social entertainment events; entertainment in the nature of live music in a club or concert, disc jockey performances, musical and artistic performances, music tours, dance parties and nightclubs; organizing and arranging exhibitions for entertainment purposes.” We did a little digging and were unable to confirm that the registered mark is still in use. Why is this important?
It becomes important in the event Ye decides he wants to solidify Sunday Service as another extension of his brand and move forward with a trademark.
If the owner is no longer using the mark as required by trademark law to maintain the registration, Ye’s team could move to cancel the current Sunday Service mark for non-use and move forward with registering the mark in connection with entertainment.
Whatever Ye decides to the with the Sunday Service mark—whether he stays with merch and or extends to other areas, we’ll be sure to keep our Tribe in the know. Excuse us, while we go listen to College Dropout. Chat soon!