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USPTO denies Cardi B’s application to trademark a popular term

USPTO, May 7, 2019 – The assigned trademark examining attorney has reviewed the referenced application and has determined the following: “…Registration is refused because the applied-for mark is a slogan or term that does not function as a trademark or service mark to indicate the source of applicant’s goods and/or services and to identify and distinguish them from others. Trademark Act Sections 1, 2, 3, and 45, 15 U.S.C. §§1051-1053, 1127. In this case, the applied-for mark is a commonplace term, message, or expression widely used by a variety of sources that merely conveys an ordinary, familiar, well-recognized concept or sentiment…The attached evidence from Redbubble®, Etsy®, Teepublic®, Society6®, Refinery 29®, People®, USA Today ®, Urban Dictionary ® and ®, shows that this term or expression is commonly used in the drag community and by celebrities as an alternate way of saying “OK” or “something that is said to affirm when someone is being put in their place”. Because consumers are accustomed to seeing this term or expression commonly used in everyday speech by many different sources, they would not perceive it as a mark identifying the source of applicant’s goods and/or services but rather as only conveying an informational message…” [The word Cardi B sought to register is “Okurrr.” Note – I do have a trademark on both beSpacific® and LLRX® – go figure…]

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