A collective membership mark may be refused under Trademark Act Section 2(a) where "matter … may … falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols." 15 U.S.C. §1052(a). See In re Leathernecks Motorcycle Club Int’l, Inc., Ser. No. 90498154, 2024 TTAB LEXIS 208 (2024).

To address the nature of a collective membership mark, the third and fourth elements of the test are modified:

1. (1) the mark is the same as, or a close approximation of, the name or identity previously used by another person or institution;
2. (2) the mark would be recognized as such, in that it points uniquely and unmistakably to that person or institution;
3. (3) the person or institution named by the mark is not connected to or otherwise affiliated with the applicant; and
4. (4) the fame or reputation of the person or institution is such that, when the mark is used to indicate membership in applicant, a connection with the person or institution would be presumed.

Id., at *4-5.

Regarding the third element, a connection with an entity is established when the record establishes an affiliation with applicant’s organization for a collective membership mark, whether written or implied. See In re Leathernecks Motorcycle Club Int’l, Inc., 2024 TTAB LEXIS 208, at *23-24.

Regarding the fourth element, the fame or reputation of the person or institution must be such that, when the mark is used to indicate membership in the particular membership organization, a connection with the person or institution would be presumed. In re Leathernecks Motorcycle Club Int’l, Inc., 2024 TTAB LEXIS 208, at *24-27 (finding, in the context of a motorcycle club seeking registration of LEATHERNECKS, a connection with the U.S. Marine Corps was presumed because (1) the term LEATHERNECKS is a widely known nickname adopted by the USMC and recognized by the relevant public to refer to the USMC; (2) applicant's members affixed the mark to their vests above other USMC indicia; (3) the mark is displayed in gold and scarlet, which closely resembles marks in ten USMC registrations showing marks for gold and red rocker patches with other USMC indicia that are meant to be affixed to clothing; and (4) applicant's entire membership consists of active duty and honorably discharged USMC and U.S. Navy Corpsman).

See TMEP §1203.03(b)(i) for information regarding the false suggestion of a connection refusal under §2(a).