Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA777594
`
`Filing date:
`
`10/19/2016
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`92059277
`
`Party
`
`Correspondence
`Address
`
`Submission
`
`Filer's Name
`
`Filer's e-mail
`
`Signature
`
`Date
`
`Plaintiff
`Chaldean American Chamber of Commerce
`
`PATRICK R STURDY
`CUMMINGS MCCLOREY DAVIS & ACHO PLC
`33900 SCHOOLCRAFT
`LIVONIA, MI 48150
`UNITED STATES
`psturdy@cmda-law.com, dwaldenmayer@cmda-law.com, jcalla-
`han@cmda-law.com, racho@cmda-law.com
`
`Other Motions/Papers
`
`Ronald G. Acho
`
`racho@cmda-law.com, kueberroth@cmda-law.com, jcallahan@cmda-law.com
`
`/s/ Ronald G. Acho
`
`10/19/2016
`
`Attachments
`
`00396841.PDF(2917179 bytes )
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Registration No:
`
`4,516,721
`
`Mark:
`
`Filed:
`Registered:
`
`SAN DIEGO EAST COUNTY CHALDEAN AMERICAN
`
`CHAMBER OF COMMERCE
`November 8,2013
`April 15,2014
`
`CHALDEAN AMERICAN
`CHAMBER OF COMMERCE,
`
`Cancellation No.: 92059277
`
`Petitioner,
`
`PETITIONER CHALDEAN AMERICAN
`
`CHAMBER OF COMMERCE'S TRIAL BRIEF
`
`BEN KALASHO,
`
`Registrant.
`
`PETITIONER/PLAINTIFF CHALDEAN AMERICAN
`
`CHAMBER OF COMMERCE'S TRIAL BRIEF
`
`

`
`TABLE OF CONTENTS
`
`I.
`
`INTRODUCTION
`
`II. DESCRIPTION OF THE RECORD
`
`III. FACTS OF THE RECORD
`
`Introduction
`
`The Chaldean Influence Is Felt in Michigan, Nationallyand Internationally
`
`Priority of Use: Petitioner Chaldean American Chamber of Commerce
`Begins In 2001
`
`Petitioner Chaldean American Chamber of Commerce Establishes Its
`Distinctive Mark
`
`Petitioner Chaldean American Chamber of Commerce Demonstrates
`Its Continuous Use
`
`Continuous Use: Petitioner Chaldean Chamber of Commerce Grows
`
`The F.B.I., C.I.A. and the U.S. Army Rely on Petitioner Chaldean
`American Chamber of Commerce for Information
`
`Petitioner Chaldean American Chamber of Commerce Enhances Its
`Reputation With Legislative Leaders
`
`Acquired Distinctiveness: Petitioner Chaldean American Chamber
`of Commerce Earns a National Reputation
`
`Petitioner Chaldean American Chamber of Commerce Earns a
`Well-Respected International Reputation
`
`Petitioner Chaldean American Chamber of Commerce is a Trusted
`
`Media Source
`
`Actual Confusion Intentionally Caused by Respondent Ben Kalasho
`
`IV. STANDING
`
`V. STATEMENT OF THE ISSUES
`
`VI. LAW AND ARGUMENT
`
`1
`
`2
`
`4
`
`4
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`4
`
`5
`
`6
`
`7
`
`8
`
`9
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`10
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`11
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`13
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`15
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`16
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`18
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`18
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`19
`
`

`
`A. PETITIONER CHALDEAN AMERICAN CHAMBER OF
`COMMERCE'S MARK IS NOT MERELY DESCRIPTIVE,
`BUT, IN FACT, ACQUIRED DISTINCTIVENESS AND
`SECONDARY MEANING WELL BEFORE RESPONDENT
`BEN KALASHO'S EARLIEST USE DATE OF NOVEMBER 8, 2013
`
`1. Petitioner Chaldean American Chamber of Commerce Exclusively
`and Continuously Used Its Mark for a Long Period of Time
`
`2. Petitioner Has Prominently and Consistently Displayed And Used
`the Terms Chaldean American Chamber of Commerce as a Trademark
`
`3. Third-Parties Recognize Petitioner Chaldean American Chamber
`of Commerce's Mark
`
`4. Petitioner Has experienced Unsolicited Media Coverage
`
`5. Petitioner Chaldean American Chamber of Commerce Has Used
`its Mark in Advertising and Marketing
`
`B. PETITIONER CHALDEAN AMERICAN CHAMBER OF
`
`COMMERCE HAS PRIORITY OF USE IN THE MARK
`
`C. THERE HAS BEEN ACTUAL CONFUSION WHICH HAS
`
`RESULTED FROM RESPONDENT'S IRRESPONSIBLE USE
`
`OF HIS MARK
`
`D.
`
`IN THE ALTERNATIVE, A LIKELIHOOD OF CONFUSION
`
`EXISTS IF RESPONDENT IS ALLOWED TO CONTINUE USE
`
`OF THE MARK
`
`1. The Marks Are Substantially Similar
`
`2. The Marks Describe Identical Services
`
`3. The Marks Are Used On the Same, and Likely-to-Be-Established,
`Channels of Trade
`
`4. Petitioner Has Successfully Developed its Mark Nationally
`and Internationally
`
`VII.
`
`SUMMARY
`
`VIII. CONCLUSION
`
`19
`
`21
`
`22
`
`23
`
`25
`
`26
`
`28
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`29
`
`32
`
`34
`
`35
`
`36
`
`38
`
`39
`
`40
`
`

`
`CASES
`
`INDEX OF CASES
`
`American Lebanese Syrian Assoc. Charities Inc. v. Child Health Research Inst.,
`101 USPQ2d 1022 (TTAB 2011)
`
`Bose Corp. v. QSC Audio Prod., Inc.,
`293 F.3d 1367, 63 USPQ2d 1303 (Fed. Cir. 2002)
`
`Brewski Beer Co. v. Brewski Bros., Inc.,
`USPQ2d 1281 (TTAB 1998)
`
`Cicena Ltd. V. Columbia Telecomms Group,
`14USPQ2dl401(Fed.Cir. 1990)
`
`Clairol, Inc. v. Holland Hall Products, Inc.,
`165 USPQ 214 (TTAB 1970)
`
`Coach Services Inc. v. Triumph Learning LLC,
`668 F.3d 1356, 101 USPQ2d 1713 (Fed. Cir. 2012)
`
`Federated Foods, Inc. v. Fort Howard Paper Co.,
`544 F.2d 1098, 192 USPQ 24 (C.C.P.A. 1976)
`
`Hard Rock Cafe International (USA) Inc. v. Elsea,
`56 USPQ2d 1504 (TTAB 2000)
`
`Hilson Research Inc. v. Soc 'yfor Human Res. Mgmt.,
`27 USPQ2d 1423 (TTAB 1993)
`
`In re E.I. du Pont de Nemours & Co.,
`476 F.2d 1357, 177 USPQ 563 (CCPA 1973)
`
`In re Collegian Sportswear, Inc.,
`224 USPQ 174 (TTAB 1984)
`
`In re Denisi, 225 USPQ 624 (TTAB 1985)
`
`In re Gammon Reel, Inc., 227 USPQ 729 (TTAB 1985)
`
`In re G.B.I. Tile & Stone, Inc., 92 USPQ2d 1366 (TTAB 2009)
`
`InreHehrMfg. Co., 126 USPQ 381 (CCPA 1960)
`
`In re H.J. Seller Co., 289 F.2d 674, 129 USPQ 347 (C.C.P.A. 1961)
`
`00379721-1
`
`111
`
`37
`
`38
`
`29
`
`20
`
`28
`
`20
`
`35
`
`37
`
`37
`
`32
`
`34
`
`34
`
`21
`
`35
`
`21
`
`36
`
`

`
`In re Hyper Shoppes (Ohio), Inc., 837 F.2d 463,
`6 USPQ2d 1025 (Fed. Cir. 1988)
`
`In re International Telephone & Telegraph Corp.,
`197 USPQ 910 (TTAB 1978)
`
`In relolo Techs., LLC, 95 USPQ2d 1498 (TTAB 2010)
`
`In re Martin's Famous Pastry Shoppe, Inc., 748 F.2d 1565,
`223 USPQ 1289 (Fed. Cir. 1984)
`
`In re Majestic Distilling, Co., Inc., 315 F.3d 1311,
`65 USPQ2d 1201 (Fed. Cir. 2003)
`
`In re Max Capital Grp. Ltd., 93 USPQ2d 1243 (TTAB 2010)
`
`In re Mine Safety Appliances Co., 66 USPQ2d 1694 (TTAB 2002)
`
`In re Owens-Corning Fiberglass Corporation, 11A F.2d 1116,
`227 USPQ 417 (Fed. Cir. 1985)
`
`In re Planalytics, Inc., 226 USPQ 365 (TTAB 1985)
`
`In re Riddle, 225 USPQ 630 (TTAB 1985)
`
`In re Rexel Inc., 223 USPQ 830 (TTAB 1984)
`
`In re Shell Oil Co., 992 F.2d 1204, 1207,
`26USPQ2dl687(Fed. Cir. 1993)
`
`In re Steelbuilding.com, 415 F.3d 1293,
`75 USPQ2d 1420 (Fed. Cir. 2005)
`
`In re Thor Tech, Inc., 90 USPQ2d 1634 (TTAB 2009)
`
`In re United Serv. Distribs., Inc., 229 USPQ 237 (TTAB 1986)
`
`Interstate Brands Corp. v. Way Baking Co.,
`199 USPQ 317 (Mich. Ct. App. 1977)
`
`Kellogg Co. v. Pack'em Enterprises, Inc., 951 F.2d 330,
`21 USPQ2d 1142 (Fed. Cir. 1991)
`
`La Societe Anonyme des Parfums le Gallon v. Jean Patou, Inc.,
`495F.2d 1265, 181 USPQ 545 (2nd Cir. 1974)
`
`00379721-1
`
`iV
`
`36
`
`37
`
`35
`
`36
`
`32
`
`35
`
`21
`
`19
`
`19
`
`34
`
`37
`
`33
`
`20
`
`35
`
`36
`
`29
`
`33
`
`28
`
`

`
`Levi Strauss & Co. v. Genesco, Inc., 742 F.2d 1401,
`222 USPQ 939 (Fed. Cir. 1984)
`
`Levi Strauss & Co. v. R. Josephs Sportswear Inc.,
`28 USPQ2d 1464 (TTAB 1993), recon. denied,
`36 USPQ2d 1328 (TTAB 1994)
`
`On-line Careline Inc. v. America Online Inc., 229 F.3d 1080,
`56 USPQ2d 1471 (Fed. Cir. 2000)
`
`Nat'I Bank Book Co. v. Leather Crafted Prod., Inc.,
`218 USPQ 827 (TTAB 1993)
`
`P.A.B. Products et Appareils de Beaute v. Satinine Societa In Nome
`Colecttivo diS.A. e.M. Usellini, 570 F.2d 328, 196 USPQ 801 (CCPA 1978)
`
`Paula Payne Prods. Co. v. Johnson's Publ 'g Co., 473 F.2d 901,
`177 USPQ 76 (C.C.P.A. 1973)
`
`Perma Ceram Enterprises, Inc. v. Preco Indus. Ltd.,
`23 USPQ2d 1134 (TTAB 1992)
`
`Recotlnc. v. M.C Becton, 214 F.3d 1322,
`54 USPQ2d 1894 (Fed. Cir. 2000)
`
`Ritchie v. Simpson, 170 F.3d 1092, 50 USPQ2d 1023 (Fed. Cir. 1999)
`
`Roux Laboratories, Inc. v. Clairol, Inc., 166 USPQ 34 (CCPA 1970)
`
`ShutEmDown Sports Inc. v. Lacy, 102 USPQ2d 1036 (TTAB 2012)
`
`T.A.B. Systems v. PacTel Teletrac, 11 F.3d 1372,
`37 USPQ2d 1879 (Fed. Cir. 1996)
`
`STATUTES
`
`15 U.S.C. § 1052(d)
`
`15 U.S.C. §1052(f)
`
`19-20
`
`2
`
`36
`
`29
`
`28
`
`32
`
`19
`
`35
`
`18
`
`20
`
`18
`
`28
`
`19
`
`20
`
`

`
`CODE OF FEDERAL REGULATIONS
`
`37C.F.R. §2.122(b)(l)
`
`37 C.F.R. §2.122(b)(2)
`
`TRADEMARK MANUAL OF EXAMINING PROCEDURE
`
`TMEP § 1209.03(i)
`
`TRADEMARK TRIAL AND APPEAL BOARD MANUAL OF PROCEDURE
`
`TBMP §704.03(a)
`
`2
`
`2
`
`19
`
`2
`
`00379721-1
`
`VI
`
`

`
`I.
`
`INTRODUCTION
`
`Petitioner Chaldean American Chamber of Commerce has a very strong mark. It has used
`
`the name "Chaldean American Chamber of Commerce" continuously since December 2001. By
`
`contrast, the Respondent, Ben Kalasho, only started using the name of his organization, the San
`
`Diego East County Chaldean American Chamber of Commerce, twelve years later, in 2013. He
`
`did this despite his awareness of Petitioner's well established name.
`
`Respondent BenKalasho misrepresented the truth to theTrademark Office. Herepresented
`
`to the Trademark Office in his Application (Serial No. 86114115) that:
`
`"[T]o the best of his/her knowledge and belief no other person, firm,
`corporation or association has the right to use the mark in commerce,
`either in the identical form thereof or in such near resemblance thereto as
`to be likely, when used on or in connection with the goods/services of
`such other person, to cause confusion, or to cause mistake, or to deceive;
`and that all statements made of his knowledge are true,; and that all
`statements made on information and belief are believed to be true."
`Application (Serial No. 86114115)
`
`That simply has proven to be an intentionally false statement. But for the fact that Respondent
`
`filed for registration of his mark only eleven minutes before Petitioner, this matter would not be
`
`before the Trial and Appeal Board.
`
`The Petitioner Chaldean American Chamber of Commerce expressed objections to the
`
`Respondent's mark, based on its own prior and continuous use of the mark since 2001, and the
`
`likelihood of confusion that would (and has in fact) occurred. Moreover, because of Petitioner
`
`Chaldean American Chamber of Commerce's use of its mark, the mark is not merely descriptive,
`
`but in fact has acquired a distinctiveness that applies only to Petitioner Organization. Petitioner
`
`Chaldean American Chamber of Commerce is entitled to cancel Respondent Ben Kalasho's
`
`registration on these grounds and allow the registration of Petitioner's mark of CHALDEAN
`
`

`
`AMERICAN CHAMBER OF COMMERCE.
`
`II. DESCRIPTION OF THE RECORD
`
`On November 8, 2013, Petitioner Chaldean American Chamber of Commerce filed an
`
`application (Serial No. 86114160) to register its mark of CHALDEAN AMERICAN CHAMBER
`
`OF COMMERCE on the principal registry. (Petition for Cancellation, (1 TTABVUE at f2).
`
`However, a mere few minutes before Petitioner's filing, Respondent Ben Kalasho filed to register
`
`a conflicting trademark of San Diego East County Chaldean American Chamber of Commerce.
`
`On April 15, 2014, Respondent was permitted to register his mark on the Supplemental Register.
`
`Id., T|5. On May 27, 2014, Petitioner filed its Petition for Cancellation in this matter. Id.
`
`The record consists of the pleadings and the evidence produced by the Petitioner. As
`
`alleged in its Petition for Cancellation, Petitioner Chaldean American Chamber of Commerce has
`
`continuously used its mark since at least December 11, 200\. Id., ^|1.
`
`The record also consists Petitioner's application file (Serial No. 86114160), as well as the
`
`application file of Respondent Ben Kalasho, (Serial No. 86114115). 37 C.F.R. §2.122(b)(l);
`
`TBMP §704.03(a). However, because no proof of use was submitted by the Respondent during
`
`the testimony period, the application date of November 8, 2013 is the earliest date use date upon
`
`which Respondent may rely. See 37 C.F.R. §2.122(b)(2); Levi Strauss & Co. v. R. Josephs
`
`Sportswear Inc., 28 USPQ2d 1464, 1467 (TTAB 1993), recon. denied, 36 USPQ2d 1328 (TTAB
`
`1994).
`
`During its testimony period, Petitioner Chaldean American Chamber of Commerce
`
`submitted the trial deposition testimony of Martin Manna, its President. During Mr. Manna's
`
`extensive and detailed deposition, Petitioner also offered into evidence over 160 exhibits which
`
`chronicled Petitioner's prior and continuous use of the "Chaldean American Chamber of
`
`

`
`Commerce" mark since 2001. Over the course of the past 15 years, Petitioner Organization has
`
`developed a substantial business and has vigorously promoted its services, locally, nationally and
`
`internationally. As a result,
`
`its mark of CHALDEAN AMERICAN CHAMBER OF
`
`COMMERCE is not merely distinctive, but, in actuality, Petitioner has developed a strong and
`
`distinctive association between its mark and its services.
`
`The Exhibits presented by Petitioner Chaldean American Chamber of Commerce included
`
`the following:
`
`• Articles of Incorporation, Assumed Name Certificates of Petitioner Chaldean
`American Chamber of Commerce and Annual Reports as filed with the State of
`Michigan, as well as corporate filings for related affiliate organizations; (Exhibits 12-
`41, 24TTABVUE);
`
`• Evidence of Petitioner Organization's continuous use of the mark and its everyday
`business activities, including Minutes of Board meetings, brochures, dues payments
`and invoices, invitations, membership applications, Annual Reports, programs from
`Annual Dinners, correspondence, emails and other communications; (See, for instance,
`Exhibits 54-59, 63-68, 24 TTABVUE; Exhibits 101-107, 134, 145, 25 TTABVUE;
`156-157, 27 TTABVUE; and Exhibits 114-115, 122, 129-130);
`
`• Correspondence with the Office of the Vice President of the United States, Joseph
`Biden; (Exhibits 42-46, 24 TTABVUE);
`
`•
`
`•
`
`Issues of Chaldean Commerce, Petitioner Organization's quarterly newsletter
`magazine which is distributed to members; (Exhibit 158, 27 TTABVUE); and
`
`Evidence of Petitioner Chaldean American Chamber of Commerce's partnership with
`the Central Intelligence Agency ("C.I.A.") and the Department of State; (Exhibits 47-
`50, 60-65, 75, 24 TTABVUE).
`
`Petitioner Chaldean American Chamber of Commerce also submitted letters of support
`
`from Toufic Baaklini, President of In Defense of Christians, Carlo K. Ganjeh, Chapter Secretariat
`
`of the Assyrian Universal Alliance (California) Americas Chapter, Michael G. Sarafa, President
`
`of the Bank of Michigan, and Guiliana Younan, a Member of the Board of the Chaldean Syriac
`
`Assyrian Council of America and President of the Assyrian American Council of Chicago. These
`
`00379721-1
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`

`
`letters of support, together with Mr. Manna's deposition, and its supporting exhibits, highlight
`
`specific examples of confusion that have, in fact, occurred, dueto Respondent Ben Kalasho's use
`
`of his mark.
`
`During his testimony period, Respondent Ben Kalasho submitted no rebuttal evidence.
`
`III. FACTS OF THE RECORD
`
`Introduction
`
`Petitioner Chaldean American Chamber of Commerce represents the Chaldean, Assyrian,
`
`and Syriac communities in several aspects.
`
`(Manna Trial Testimony, 44 TTABVUE at p. 14).
`
`Petitioner is not a geographic Chamber of Commerce, but rather an ethnic one. Id., at p. 41. As an
`
`ethnic Chamber of Commerce, Petitioner Organization educates the general public about the
`
`contributions Chaldeans are making. Id. Petitioner Organization networks between the general
`
`business community and the Chaldean business community to help them work together. Id. It also
`
`supports many causes within the Chaldean community. Id. The Chamber has continued to expand
`
`since its inception to provide services and has developed several affiliates that ensure the protection
`
`of minorities and also serve the community in any way needed. Id., at p. 129.
`
`Petitioner Chaldean American Chamber of Commerce is often called upon to represent the
`
`Chaldean community locally, nationally and internationally. Id., at p. 18. For instance, Petitioner
`
`Organization aided a solar energy provider based in San Diego, California, when the company
`
`wanted to help with the reconstruction in Iraq. Id., at pp. 66, 125-126, and Exhibits 66-68. 24
`
`TTABVUE. Mr. Manna has also been contacted by the Turkish consulate general to assist in a
`
`situation which occurred in Brussels, Belgium. Id., at p. 19.
`
`The Chaldean Influence Is Felt in Michigan, Nationally, and Internationally.
`
`Chaldeans are Aramaic speaking, Eastern Rite Catholics, who are indigenous to Iraq, Syria,
`
`00379721-1
`
`

`
`and parts of Turkey and Iran. Id., at p. 27). Their history spans 5,500 years. Id. Chaldeans have
`
`been coming to the United States since the early 1900s, and many left Iraq and the surrounding
`
`region, seeking religious freedom and economic opportunities. Id., at 28.
`
`A large influx occurred in the 1960s, after the Baath party, which was led by Saddam
`
`Hussein, came into power. Id., at 29. Many Chaldeans left the uncertain political situation in Iraq,
`
`and settled in themetropolitan Detroit area, attracted bythe automotive industry. Id., at pp. 29-30.
`
`When the language barrier made automotive jobs difficult, many Chaldeans, who are natural
`
`entrepreneurs, gravitated toward opening small businesses such as convenience stores, liquor
`
`stores, and independent grocery stores. Id., at pp. 30-31.
`
`After the riots in the City of Detroit in 1967, the major supermarket chains closed stores,
`
`and eventually left the City. (Manna Testimony, 44 TTABVUE at p. 31). Chaldean entrepreneurs
`
`purchased the closed stores, and today, Chaldean businesses make up 75% to 85 % of these
`
`independent grocers, along with 90% of the convenience and liquor stores. Id.
`
`Michigan's Chaldean population is approximately 150,000, and collectively they own over
`
`15,000 businesses. Id., p. 30. This Chaldean influence has spread throughout the State of Michigan
`
`and nationally. For instance, 50% of the hotels in Michigan are owned by Chaldeans. Id., p. 32.
`
`One Chaldean American Chamber of Commerce member owns 100 hotels, in Michigan, Indiana,
`
`Ohio, and other parts of the country, and is currently building 10 more. Id. Another member owns
`
`over 230 T-Mobile Wireless stores throughout the country. Id. Global brands such as Happy's
`
`Pizza, Papa's Pizza, Mr. Pita, Papa Romano's, and Luca Oil are examples of Chaldean businesses
`
`that began in metro Detroit. Id., at p. 33.
`
`Priority of Use: Petitioner Chaldean American Chamber of Commerce Begins in 2001.
`
`With its growth,
`
`the Chaldean community began to realize that
`
`there was no group
`
`00379721-1
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`

`
`representing its community and interest locally, state-wide, nationally or even internationally.
`
`(Manna Testimony, 44 TTABVUE at p. 34). At the same time, other Arab community groups
`
`tried to represent the community, but were ineffective. Id.
`
`In 2001, fifteen business leaders began to meet regularly to create a strong viable
`
`organization that would meet the growing needs of the community. Id., at pp. 34-35. This initial
`
`steering committee created the strategic planning forPetitioner Organization by creating thename,
`
`mission, and the bylaws. Id., at p. 35. The organization was referred to as the "Chaldean American
`
`Chamber of Commerce1" and the "Chaldean Chamber of Commerce". Id. Petitioner Chaldean
`
`American Chamber of Commerce was incorporated under the laws of the state of Michigan on
`
`December 11, 2001 and has been in exclusive and continuous use since then. (Manna Testimony,
`
`44 TTABVUE at pp. 35-36, 104). See also Exhibits 12-41, 24 TTABVUE.
`
`Petitioner Chaldean American Chamber of Commerce Establishes Its Distinctive Mark.
`
`Petitioner's mark of CHALDEAN AMERICAN CHAMBER OF COMMERCE is not
`
`merely distinctive. Together with its name, Petitioner Organization designed a unique logo which
`
`pays tribute to its cultural past, representedby the IshtarGates, and its present, which is represented
`
`by remnants of the American flag, combined with the name Chaldean American Chamber of
`
`Commerce which is written in both English and Aramaic. Id., at p. 36. This logo has been
`
`continuously used on letterhead, envelopes, handouts, folders and other stationary items since
`
`inception. Id., at pp. 36-37. See also Exhibits 51-58,24 TTABVUE; Exhibits 95, 97-99, 107, 110,
`
`25 TTABVUE; Exhibits 119-121,134,142-143,145-146,148-149,25 TTABVUE; Exhibits 156-
`
`158, 27 TTABVUE and Exhibits 114-115, 122, 129, 130.
`
`Chaldean Commerce is the official newsletter of Petitioner Chaldean American Chamber
`
`of Commerce. Id., at p. 42. (See also Exhibit 158, 27 TTABVUE). This printed quarterly
`
`

`
`publication contains articles that detail recent events ofPetitioner Organization, as well as updates
`
`on membership and business related articles. Id. For instance, the Spring 2013 issue ofthe quarterly
`
`magazine highlighted the recent visit of the Kurdish Regional Government's Minister of
`
`Transportation, Jonson Ayo, a Nineveh Province City Council President and Council Member,
`
`who were guests of honor at a dinner where the establishment of the Nineveh Province as a safe
`
`haven for minorities in the Middle East and a place where Iraqi Christian refugees can return to
`
`their homeland. (Exhibit 158, Spring 2013 issue of Chaldean Chamber, p. 6,27 TTABVUE.) The
`
`same issue also mentioned a request by the U. S. State Department to host a small group of Iraqi
`
`religious and political leaders to educate them on the role of religion in the United States. Id.
`
`Chaldean Commerce alsopublishes an Annual Report issueeach yearin January/February,
`
`which summarizessignificant events of the previous calendar year. (Annual Reports, Exhibit 156,
`
`27 TTABVUE). Once a year, Petitioner Organization holds a major annual dinner. (Annual Dinner
`
`programs, Exhibit 157, 27 TTABVUE).
`
`Petitioner Chaldean American Chamber of Commerce Demonstrates Its Continuous Use.
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`Petitioner Chaldean American Chamber of Commerce has exclusively and continuously
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`operated since 2001. (Manna testimony, 44 TTABVUE). Numerous exhibits have been proffered
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`which establishes this fact. For instance, sample membership application from 2003 was provided,
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`as were sample memberships from Illinois and California from 2004. Id., at pp. 142-143 and
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`Exhibits 104-106, 25 TTABVUE .
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`Normal and everyday business activities of Petitioner Chaldean American Chamber of
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`Commerce are summarized and contained within the organization's detailed minutes. Exhibit 101
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`are the minutes from 2003 through 2015. (Manna Testimony, 44 TTABVUE at p. 140; See also
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`Exhibit 101, 25 TTABVUE). The minutes show the decisions and guidance that have been made
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`by the Board Members and Directors for Petitioner Organization, as well as its accomplishments.
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`They also show Petitioner Chaldean American Chamber of Commerce's expansion into other
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`affiliate organizations and other significant work that has been done. Id., at p. 141.
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`In addition, Petitioner Chaldean American Chamber of Commerce has filed Annual
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`Reports, and maintained other corporate filings with the State of Michigan since 2002. (Manna
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`Testimony, 44 TTABVUE at pp. 104; See also Exhibits 13-30, 24 TTABVUE). Numerous
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`editions of Chaldean Commerce, the organization's quarterly publication were also provided to
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`the Board. 27 TTABVUE. Samples of the Petitioner Organization's letterhead, envelopes and
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`other stationary items were also submitted. (See Exhibits 51-58, 24 TTABVUE; Exhibits 95, 97-
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`99,107,110,25 TTABVUE; Exhibits 119-121,134,142-143,145-146,148-149,25 TTABVUE;
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`Exhibits 156-158, 27 TTABVUE and Exhibits 114-115, 122, 129, 130).
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`Continuous Use: Petitioner Chaldean American Chamber of Commerce Grows.
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`Since its inception, Petitioner Chaldean American Chamber of Commerce has launched
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`several affiliates to further its mission to represent Aramaic speaking peoplethroughout the world.
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`(Manna Testimony, 44 TTABVUE at p. 15). This includes the Chaldean Chamber Political
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`Action Committee and the Detroit Independent Grocers, which fights negative stereotypes and
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`works to help Detroit grocers. Id. After one of Petitioner Chaldean American Chamber of
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`Commerce's founding members was killed at his place of business in 2006, Petitioner
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`Organization began its Chaldean Community Foundation as a way to help stop the violence
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`against businessowners. Id., p. 16. The Foundation offers reward money to help law enforcement
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`agencies solve crimes when Chaldean business people are injured or killed at their place of
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`business. Id.
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`Another important initiative for Petitioner Chaldean American Chamber of Commerce is
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`the Chaldean Loan Fund. The Chaldean Loan Fund was established through private donations
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`from the Chaldean community in order to aid the growing number ofrefugees. Id., at p. 93. Since
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`2007, more than 30,000 Chaldean refugees have come to the metropolitan Detroit area, and the
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`Loan Fund provides humanitarian assistance, such as food, shelter, and clothing, Id., at p. 147. The
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`Chaldean Loan Fund also provides financial assistance by guaranteeing car loans and helping
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`refugees to establish credit. Id.
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`Other initiatives include Project Bismutha, which provides free health care to the
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`uninsured in the Chaldean community. Id., at p. 17. The Civil Liberties Advocates is yet another
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`initiative, and this one defends members of the Chaldean community who have experienced
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`discrimination in the workplace and elsewhere. Id.
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`Since 2003, Petitioner has also sponsored an annual Chaldean Festival, which attracted
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`30,000 to 40,000 people, many of whom were not Chaldean. Id., at pp. 150-151. Exhibits that were
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`proffered included brochures, contracts, insurance certificates, and other documents evidencing
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`that Petitioner conducted business as the Chaldean American Chamber of Commerce. (See
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`Exhibits 122-126,25 TTABVUE, which are documents related to the Festival which was held on
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`August 4lh and 5th 2007.)
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`The F.B.I.. C.I.A. and the U.S. Army Rely On Petitioner Chaldean American Chamber of
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`Commerce for Information.
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`Petitioner Chaldean American Chamber of Commerce has an ongoingpartnership with the
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`F.B.I., C.I.A. and the U.S. Army which resulted in Petitioner Organization hosting several
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`recruitment fairs in 2009, 2010 and 2011 with a goal of education and recruitment of members for
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`those Federal organizations. (Manna Testimony, 44 TTABVUE at pp. 46, 48). The Federal
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`Government was seeking Arabic speaking individual to work in government agencies and the
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`intelligence community, such as the F.B.I, and the C.I.A. Id.
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`Notably, Petitioner Chaldean American Chamber ofCommerce, has been invited to several
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`C.I.A. forums in Washington, D.C., hosted by the C.I.A. Director. Id., at p. 46. In addition, on
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`March 4, 2009, C.I.A. Associate Deputy Director Scott White met with community leaders to
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`discuss C.I.A. careers. Id., at 48. The C.I.A. has also relied heavily on Petitioner Chaldean
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`American Chamber of Commerce to establish relationships with the Chaldean community in
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`California, where Petitioner Organization organized meetings with community leaders in San
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`Francisco in 2011. Id., at p. 49.
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`The U.S. Army recruited members of Petitioner Organization to act as translators during
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`the Iraqi War and the reconstruction phase following the War. Id., at pp. 48-49. Petitioner
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`Organization hosted BrigadierGeneralMark Kimmittin 2006.Id.,at p. 57. More recently, in 2012,
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`Petitionerhosted Rear Admiral Sinclair Harris, who talked about the role ofthe United States Navy
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`in Middle East, and his hope to interest more Chaldeans in a naval career. Id.
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`Petitioner Chaldean American Chamber of Commerce Enhances Its Reputation With
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`Legislative Leaders.
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`In the State of Michigan, Petitioner Chaldean American Chamber of Commerce has been
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`involved with the State House and State Senate, as well as the current Governor. (Manna
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`Testimony, 44 TTABVUE at p. 24). Recently, the Chamber has been involved in the State's Office
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`of Strategic Planning with programs designed to help settle Syrian refugees. Id., at p. 43. The
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`Chaldean Community Foundation, one of the Chamber's affiliate organizations has become the
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`State's model for other organizations to emulateto help new immigrants in Michigan. Id., at p. 44.
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`Petitioner Chaldean American Chamber of Commerce has also hosted Congressional
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`leaders, including Virginia Congressman Frank Wolf, who was the foremost member of Congress
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`dealing with the plight of Christians in the Middle East, and former U.S. Speaker of the House
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`John Boehner, who discussed the struggles facing Iraqi Christians on August 11, 2011. (Manna
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`Testimony, 44 TTABVUE at pp. 77, 97). On May 20, 2014, in the Congressional Record,
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`Representative Wolfrecognized over 200 Christian leaders, including Mr. Manna and Petitioner
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`Organization, who signed a Pledge of solidarityand call to action on behalf ofChristians and other
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`religious minorities in Iraq, Syria and Egypt. (Manna Testimony, 44 TTABVUE at p. 126;
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`Congressional Record, Exhibit 69, 24 TTABVUE). Petitioner Organization was involved in the
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`passing of U.S. House Resolution 301, which established a special envoy to promote religious
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`minorities in the near East and South Central Asia. Id., at pp. 126-127, and Exhibits 70 and 71,24
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`TTABVUE.
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`Recently, Petitioner Chaldean American Chamber of Commerce was asked to intervene
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`when Iraqi Chaldean refugees were being intimidated in North Carolina. Id., at p. 25. Petitioner
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`Organization organized meetings in Washington, D.C. for Jonson Ayo,
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`the Minister of
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`Transportation for the Kurdistan Regional Government, and several Iraqi Bishops in 2013. (Manna
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`Testimony, 44 TTABVUE at p. 138 and Exhibit 94,25 TTABVUE). This included meetings with
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`the State Department, Senators Carl Levin (Michigan) and Mark Kirk (Illinois) and Congressional
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`Representatives Ed Royce (Chairman ofthe Foreign Affairs Committee), Sandy Levin (Michigan),
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`Anna Eshoo (California) and Frank Wolf. Id.
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`Acquired Distinctiveness: Petitioner Chaldean American Chamber of Commerce Earns a
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`National Reputation.
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`Petitioner Chaldean American Chamber ofCommerce has developed a strong relationship
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`with the current administration, previous administrations, the U.S. Department of State (State
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`Department), several Senators, members of Congress and other governmental agencies, such as
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`the F.B.I., C.I.A. and the U.S. Army. (Manna Testimony, 44 TTABVUE at p. 23). Agencies within
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`the Federal Government of the United States look to Petitioner Chaldean American Chamber of
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`Commerce for assistance in setting policy and indealing with issues that impact minorities inthe
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`Middle East. Id., at pp. 23-24.
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`On September 9, 2005, Petitioner Chaldean American Chamber of Commerce hosted the
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`Rebuilding Iraq Conference, which focused on ways the Chaldean community could aid in the
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`post war reconstruction of Iraq. ((Manna Testimony, 44 TTABVUE at pp. 55, 119-122; see also
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`Exhibits 51-52, Conference agendas, Exhibit 53-56, correspondence regarding the conference, and
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`Exhibits 57-58,press releases aboutthe Conference, and Exhibit59, Conference script.Therewere
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`hundreds ofattendees at the Conference, and speakers included Andrew Natsios, the Administrator
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`for USAID, the United States Agency for International Development, Barham Saleh, the Minister
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`of Planning and the former Deputy Prime Minister of Iraq, Congressman Joe Knollenberg, Dan
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`Secur, the former chief spokesperson for the U.S. Coalition in Iraq, as well as senior officers from
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`the Small Business Administration and the U.S. Army. Id., at pp. 53, 119, 121. The conference
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`received national media coverage, including the San Diego Union Tribune and the Wall Street
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`Journal. (See U-T San Diego article, Exhibit 153, 26 TTABVUE.)
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`Petitioner's relationship with USAID has continued. For instance, in 2008, Petitioner
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`Organization hosted USAID Administrator Henrietta Fore to discuss issues impacting the
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`Chaldean community in Iraq and to aid them. (Manna Testimony, 44 TTABVUE at pp. 59-60).
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`(See also Chaldean Commerce May - June 2007 issue, Exhibit 158, p. 17, 27 TTABVUE.)
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`Petitioner Chaldean American Chamber of Commerce hosted Vice President Joseph Biden
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`in 2013. (Manna Testimony, 44 TTABVUE at pp. 45, 112-113). Since then, the Chamber has
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`continued to communicate with the Vice President on issues that impact Chaldeans throughout the
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`world. Id., at p. 45. For, instance, the Chamber recently extended an invitation to the Vice President
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`to meet with some visiting bishops from Iraq. Id., at p. 133 and correspondence, Exhibits 42-45,
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`24 TTABVUE. While the Vice President was unable to do so, he affirmed his commitment, as
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`well as that of the United States government to protect religious freedom and vulnerable
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`communities throughout the world. Manna Testimony, 44 TTABVUE at p. 113, and Exhibit 44,
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`24 TTABVUE. While the Vice President was unable to meet with the Bishops, his Deputy
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`National Security Advisor met with them, and briefed the Vice President about the meeting and
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`the policypapers that were presented. Id., at p. 115 and Exhibit 46.
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`In 2010, Petitioner Organization was asked by SPX Global, LLC, a San Diego, CA based
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`solarenergyprovider, to help the corporation make the necessary contacts in order to do business
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`in Iraq. (Manna Testimony, 44 TTABVUE at p. 66. Petitioner Chaldean American Chamber of
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`Commerce was able to facilitate meetings for SPX with both the State Department and members
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`ofC