The UFC has filed a trademark application for F*ck it Friday. The application filed on October 15th is likely in support of Dana White’s online food show where he tries decadent food each Friday.
The application is filed under Section 1B which indicates that the mark is not being used for its intended purpose as of yet but there is a bona fide intention to use it. Essentially, they are not filing it to ensure others don’t utilize the mark.
IC 041. US 100 101 107. G & S: Entertainment services, namely, providing non-downloadable audio and video recordings featuring food, celebrities, entertainment and pop culture; entertainment services, namely, a multimedia program series featuring food, celebrities, entertainment and pop culture distributed via various platforms across multiple forms of transmission media; entertainment services, namely, providing podcasts in the field of food, celebrities, entertainment and pop culture; providing information in the field of entertainment and pop culture
IC 009. US 021 023 026 036 038. G & S: Audio and video recordings featuring food, celebrities, entertainment and pop culture; downloadable and recorded software application for communication devices and media players for use in accessing, streaming and viewing audiovisual and multimedia content; downloadable computer application software for communication devices and media players, namely, software used to provide information in the fields of food, celebrities, entertainment and pop culture
After its filing, an attorney examiner will take a look as to if there are any conflicts with other marks and determine if there are any issues with the filing. The use of a the word, F*ck is not an obstacle as the U.S. Supreme Court ruled that the registration of foul language is acceptable.
An attorney examiner will determine whether the mark is sufficient to be a trademark. Even if there are no other marks with the same name, it still must pass a threshold pursuant to the USPTO rules to trademark. One of the issues that an examiner may look at is if there is a failure to function as a mark. According to the law, “the mark must serve as an indicator of the source of the goods or services, identifying and distinguishing them from those of others”
MPO will continue to follow..
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