The U.S. Patent and Trademark Office has been refusing plenty of applications for marks containing curse words on the dubious ground that they are too commonplace to serve as trademarks. Ever. As I explained in my last post, these applications include SHUT THE FUCK UP legal services, KEEP FUCKING GOING jewelry, and YOU’RE AWESOME KEEP THAT SHIT UP dinnerware and oven mitts.
After that shocking exposé, we’ve earned a sweary tour through those scandalous marks that have made it onto the federal register. Applying to register these before the Supreme Court eliminated the ban in 2019 would have been a complete waste of time and money. But they have now officially penetrated the federal database. I’m not including the multiple asterisked-for-your-protection marks now on the register, though those too wouldn’t have made it through during the heyday of the scandalousness ban.
Let’s start with the shitstorm. Continue reading
This post set out to be a fun romp through the naughty marks in the U.S. federal trademark register. Don’t worry, that post is still forthcoming . . . but in the meantime I’ve learned about a distressing trend that’s stopping lots of sweary marks from attaining federal registration.
Despite having been instructed by the Supreme Court that it can no longer refuse trademark applications on the ground that the contents are “scandalous,” the U.S. Patent and Trademark Office (USPTO) won’t commit wholeheartedly. It’s relying on a shaky rationale to justify rejecting a variety of recently-filed FUCK- and SHIT-formative marks, like GOOD SHIT, APESHIT and YOU FUCKING GOT THIS. Continue reading
Soon we may have all sorts of COCK-formative trademarks engorging the United States Patent and Trademark Office (USPTO) database because the bar on registering scandalous trademarks is dying a slow death. But the current COCK-related trademark controversy is more complicated and, frankly, less fun than the pending application for COCK SUCKER for candy in the shape of a rooster.
Faleena Hopkins has written several self-published romance novels, among them the Cocker Brothers of Atlanta series, also called the Cocky series. These brothers, though they have cockiness and, apparently, horniness in common, have chosen diverse paths in life. Titles in the series thus include Cocky Marine, Cocky Cowboy, Cocky Genius and Cocky Senator.
After publishing a number of books in the series, Hopkins went on to obtain two federal trademark registrations for COCKY. She owns one for COCKY in no particular font for “a series of books in the field of romance” and “a series of downloadable e-books in the field of romance,” issued April 17, 2018. And another stylized mark for the same goods, issued May 1, 2018:
Armed with her registration, Hopkins appears to have used the Amazon Brand Registry to have Amazon take down several novels with “Cocky” in the title. (The ABR requires a trademark registration.) She has also sent out several cease and desist letters to individual authors with “Cocky” titles.
This has pissed the publishing community off royally. For the full shitstorm, check out #cockygate on Twitter. Just brace yourself for the vitriol. The Romance Writers of America trade association is consulting with legal counsel to figure out how to stop Hopkins, and a Moveon.org petition urging the USPTO to cancel Hopkins’ trademark registrations has almost 27,000 signatures as of this writing. Continue reading