FUCT is Vulgar but Not Too Scandalous for Trade Mark Registration
Erik Brunetti has used the trade mark FUCT for clothing in the U.S. since the early 1990’s. As early as 1993 he sought registration but the mark was deemed immoral and scandalous and the application was refused. Subsequent applications were suspended pending a decision of the U.S. Supreme Court handed down in June 2019 in Brunetti’s favour. The USPTO must now withdraw the objection which will potentially pave the way for registration of the mark.
For reflection...
The appealed U.S. applications are still suspended and it will be interesting to see whether third parties will oppose based on claims to conflicting earlier marks (e.g. French Connection Limited’s mark FCUK was registered in 2005 after a protracted process which kicked off in 1998).
Should trade mark registrars be arbiters of morality, in particular given the necessarily subjective nature of the assessment?
Should the prescribed requirements for registration be aligned with commercial realities?
Erik Brunetti is also seeking registration of FUCT UP and FUCK for various products and services.
In Australia, several attempts to register FUCT have failed but an application filed in June 2019 is awaiting examination.
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