How To Lose Your Trademark Filings Fees - File For Male Genitalia

I don't even know where to start with this application. On January 10, an individual in Colorado filed a federal trademark application for the mark shown below.

The applicant filed this application in Classes 016 and 025. The goods listed in Class 016 are primarily related to decals and temporary tattoos. The goods listed in Class 025 are for a strange variety of apparel, including beanies, women's underwear, and "[c]lothing for babies, toddlers and children, treated with fire and heat retardants, namely, pajamas, jackets, shirts, pants, jumpers" (what??? - ed.). The applicant filed Class 025 on an intent to use basis but did not specify a basis for Class 016.

There are three glaring deficiencies with this application:

1. The mark is "scandalous" under Section 2(a) of the Trademark Act and will be refused registration on that basis. See TMEP 1203.01.
2. The applicant unnecessarily filed a TEAS RF application rather than a TEAS Plus, which would have saved him $100 in filing fees.
3. The drawing contains extra information (the URL) that is not part of the mark and is therefore unacceptable. See TMEP 807.01 - 807.02.

Section 2(a) of the Trademark Act prohibits the registration of marks that are immoral or scandalous. Much like trademarks that contain the word "F*ck," trademark applications for marks that involve graphic representations of genitalia will also be refused registration. See In re Wilcher Corp., 40 USPQ2d 1929 (TTAB 1996) (holding scandalous a mark for restaurant and bar services consisting of words DICK HEADS positioned directly underneath caricature of a human head composed primarily of graphic and readily recognizable representation of male genitalia, as it would be considered offensive by a substantial portion of the public).

Additionally, an applicant can secure a filing fee of $225 per class rather than $275, $325, or $375 per class if the application meets certain requirements. Typically, if an applicant can find its goods and services already listed in the Trademark Office's database, it can secure the $225/class filing fee. The common goods listed on this applicant's application are in the database, but the applicant paid $275/class anyway.

Finally, the drawing of the mark submitted (above) contains a URL that, according to applicant's comment in the application, "does not always appear in the image." This makes the drawing defective. Drawings must only contain one mark (the URL could be considered a separate trademark) and must only be limited to the mark and not contain extra information.

In sum, there are a number of deficiencies with this application that will result in an inability to register this trademark. Unfortunately for the applicant, this will be a costly learning experience. He paid $550 in nonrefundable filing fees that are all but lost because he did not consult with a trademark attorney. Now that's obscene. 

How To Lose Your Trademark Filing Fee - File "F*ck"

I've blogged about trademark applications containing the word "fuck" on multiple occasions. My most recent post is here. Nevertheless, every few weeks I run across a trademark application containing the term. Most recently, an individual in Indiana filed a design mark application for the graphic shown below.

This guy sounds like he's pretty frustrated in the dating world, but he's going to be even more frustrated when he finds out the Trademark Office will not register this mark and his $225 nonrefundable filing fee is lost.

The USPTO will not register a mark containing any variation of the work "fuck" pursuant to Section 2(a) of the Trademark Act. Section 2(a) prohibits the registration of any mark containing "immoral, deceptive, or scandalous matter." The USPTO considers the word "fuck" obscene and therefore egregiously scandalous.

Not only will this application be refused under Section 2(a) for being scandalous, but the applicant appears to be only using his term as decorative, ornamental use and not as a trademark given the specimen submitted above. As previously blogged about here, a slogan plastered across the front of clothing rarely functions as a trademark and causes issues in the registration process.

This application again demonstrates the importance of working with a qualified trademark attorney. Any good attorney would have told him right away that he had no chance of obtaining a registration for his phrase had the applicant contacted an attorney (and probably free of charge too). Since Trademark Office filing fees are almost always nonrefundable, this quick phone call could have saved this applicant $225, which is now lost.

NANF*CKET Trademark Clever But Entirely Unregisterable

On August 20th, a man from Nantucket filed a federal trademark application for NANFUCKET as it relates to "Hats; Hooded sweatshirts; Shorts; Sweatpants; Sweatshirts; Swimwear; T-shirts; Underwear[.]"

Unfortunately for this guy, the Trademark Office will not register a trademark containing the word "fuck" because it considers the word obscene and egregiously scandalous (I previously blogged about this bar to registration here) and under Section 2(a) of the Trademark Act, the Trademark Office is prohibited from registering any mark containing "immoral, deceptive, or scandalous matter." 

Other clever trademarks that died in the Trademark Office for containing the term include: PUCKFITTSBURGH, CHUCKLEFCK, F CK TERRORISTS, and GO FUCK YOUR #SELFIE. Ha!

Not only will this application be refused under Section 2(a) for being scandalous, but the applicant appears to be only using his term as decorative, ornamental use and not as a trademark given the specimen submitted above. As previously blogged about here, a slogan plastered across the front of clothing rarely functions as a trademark and causes issues in the registration process.

Any trademark attorney could have quickly identified these issues for the applicant, but unfortunately he did not appear to work with an attorney. This filing will almost certainly result in the loss of the applicant's $225 nonrefundable filing fee.

Today's Tip For Saving Your Filing Fee - Don't Say F$ck

On July 19th, a pro se applicant filed a trademark application with the U.S. Patent and Trademark Office for the mark FUCK FRANCHISE FRIDAYS. The associated services listed on the application are related to various lobbying services. This applicant appears to really hate franchises...

Unfortunately for the applicant, this application is dead in the water. The USPTO will not register a mark containing any variation of the work "fuck" pursuant to Section 2(a) of the Trademark Act. Section 2(a) prohibits the registration of any mark containing "immoral, deceptive, or scandalous matter." The USPTO considers the word "fuck" obscene and therefore egregiously scandalous.

There is not a single registered mark in the USPTO's database containing the term "fuck," only a graveyard of dead applications from misinformed applicant's. A few applicants successfully registered a trademark containing the acronym "WTF," however.

A quick consultation with a trademark attorney would have saved this applicant's $225 nonrefundable filing fee, which is all but lost now.