More Russian Warships, More Failures to Function

failure to function trademark

As of March 21, 2022, the Russian invasion of Ukraine continues, and so do the filings of trademark applications capitalizing on that war. As discussed in an earlier blog, RUSSIAN WARSHIP, GO FUCK YOURSELF was filed on February 26, 2022, just two days after Russia invaded Ukraine. Since then, there have been six other renditions …

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“Russian Warship, Go Fuck Yourself” as a Battle Cry? Yes. As a Registrable Mark? Probably Not

failure to function trademark

The world is currently seeing the invasion of Ukraine by Russia, and there has been one catchphrase which has seemingly captured the fighting ethos of the Ukrainian people: “Russian warship, go fuck yourself.” With that said, it was only a matter of time before this common phrase would wind its way as a trademark application …

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That Sucks! Otherwise Generic gTLD Still Non-Registrable Because Not Attached with Preceding Domain Name

1st amendment distinctiveness failure to function genericism trademark

On February 2, 2022, the Court of Appeals for the Federal Circuit affirmed in In re Vox Populi Registry Ltd.,[1] the decision of the USPTO’s Trademark Trial and Appeal Board (TTAB) refusing registration to .SUCKS as a service mark for Vox’s domain name registry services. However, the Fed Circuit agreed with the TTAB in that …

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New Trademark Application Reveals Problems with Mad Rush for “Hot” Trends

Cannabis IP failure to function trademark

A new trademark application for COVID-KUSH was filed with the U.S. Patent and Trademark Office (USPTO), on July 30, 2020.  The applicant is Anthony Ariza dba Covid-Kush of Santa Clara, California.  The identification of goods and services indicates it is a mark for use in International Class 30, for gelatin-based chewy candies; flavored, sweetened gelatin …

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