"Brunetti filed the four applications for FUCK while the Supreme Court case was pending; while the examiner initially indicated that the mark appeared to be scandalous under Section 2(a) of the Trademark Act, the examiner did not reject the applications, since the issue was under review, and instead suspended them. However, once the Supreme Court decision issued, the examination resumed,"
"and the marks were refused on the ground that the "applied-for mark is a slogan or term that does not function as a trademark or service mark to indicate the source of applicant's goods and/or services and to identify and distinguish them from others." The TTAB affirmed in August of 2022."
Erik Brunetti filed four applications to register the mark FUCK for various goods and services while a related Supreme Court case was pending. The examining attorney initially indicated the mark appeared scandalous under Section 2(a) but suspended examination pending the Supreme Court decision. After the Supreme Court invalidated the immoral-or-scandalous registration ban, examination resumed and the USPTO refused the marks as failing to function as trademarks. The TTAB affirmed the refusals in August 2022. A split Federal Circuit panel vacated and remanded the TTAB decision, finding the Board did not articulate a viable registration standard and noting increasing failure-to-function refusals.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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