Federal Circuit .SUCKS Footnote Could Hinder Repeat Filings
February 9, 2022
Managing Intellectual Property
On February 2, 2022, the Court of Appeals for the Federal Circuit (CAFC) upheld the U.S. Patent and Trademark Office’s rejection of a ‘.SUCKS’ trademark on the basis that the applied-for mark hadn’t created enough of a commercial impression. The decision has the potential to make it more difficult for applicants of similar marks to reapply for rejected marks. Managing Intellectual Property contacted Finnegan partner Douglas Rettew to discuss the potential implications of the CAFC’s decision.
Doug explained that parties should bring ample evidence to support their claims when applying for trademarks or trying cases in front of the USPTO’s Trademark Trial and Appeals Board (TTAB). He added that, as seen in the ‘.SUCKS’ opinion footnote, the administrative preclusion doctrine could prevent parties from a second attempt at registering.
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Tags
preclusion, Trademark Trial and Appeal Board (TTAB), United States Court of Appeals for the Federal Circuit (CAFC), United States Patent and Trademark Office (USPTO)
