Every brand wants to be memorable to the consumer, particularly consumers in the target market where a brand feels there is great potential. It’s not enough to be memorable, but also a brand first needs to capture the consumer’s attention in what is now a very crowded, competitive space. One way for a brand to capture attention may be a clever, risqué, vulgar or even obscene name that attracts attention. Memorable to some may also be off-putting to others.
In the past, companies that chose the risqué, vulgar or obscene route found that the U.S. Patent and Trademark Office (USPTO) placed an obstacle to registering these types of trademarks and logos under the Lanham Act. The Lanham Act (also known as the Trademark Act of 1946) is the federal statute that governs trademarks, service marks, and unfair competition. Section 1052(a) of the Lanham Act states that the registration of a trademark shall be refused if it consists of “immoral, deceptive, or scandalous” matter.
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