UnIntellectual Property (UnIP): Trademark for “Vulgar” Underwear Brand

The United States Patent and Trademark Office (USPTO) has refused registration of the trademark COMFYBALLS, finding it too vulgar since “balls” could only relate to male genitalia.  The World Intellectual Property Review goes into greater detail of the decision.

Needless to say, the subjectivity of such an analysis is front and center in this decision.  It is worth noting that Europe had no such issue with the application and issued a registration.  I always wonder, over time, will something that is now considered to be vulgar no longer be such in the future?  Who knows, but for now, this applicant appears to be blue balled!


 

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