Hello my fellow Americans!
Just wanted to take a few seconds to catch you all up on what has transpired in my life these last couple of days.
In February I filed to trademark the Buttcrack Obama name and image(s) with the USPTO (United States Patent and Trademark Office).
I took a few months, but yesterday I finally got the email I had been patiently waiting for. Only to my dismay, when I opened it up and read it, I felt my heart sink quite a bit. DENIED based on the following:
SECTION 2(A) DISPARAGING REFUSAL
Registration is refused because the applied-for mark consists of or includes matter which may disparage or bring into contempt or disrepute the President of the United States, Barack Obama. Trademark Act Section 2(a), 15 U.S.C. §1052(a); see Order Sons of Italy in Am. v. Memphis Mafia, Inc., 52 USPQ2d 1364 (TTAB 1999); Harjo v. Pro-Football, Inc., 50 USPQ2d 1705 (TTAB 1999), rev’d on other grounds, 284 F. Supp. 2d 96, 68 USPQ2d 1225 (D.D.C. 2003), remanded, 415 F.3d 44, 75 USPQ2d 1525 (D.C. Cir. 2005); TMEP §§1203.03, 1203.03(c).
The following two factors must be considered when determining whether matter may be disparaging under Trademark Act Section 2(a):
(1) What is the likely meaning of the matter in question, taking into account not only dictionary definitions, but also the relationship of the matter to the other elements in the mark, the nature of the goods and/or services, and the manner in which the mark is used in the marketplace in connection with the goods and/or services; and
(2) If that meaning is found to refer to identifiable persons, institutions, beliefs or national symbols, whether that meaning may be disparaging to a substantial composite of the referenced group.
I haven't researched all of this legal jargon yet, but it may well be that I won't get my trademark approved. I did look up the defenition of disparaging, just to be sure what it was they were refusing me for, since that word is so prevelent in their denial.
dis⋅par⋅age
–verb (used with object), -aged, -ag⋅ing. | 1. | to speak of or treat slightingly; depreciate; belittle: Do not disparage good manners. |
| 2. | to bring reproach or discredit upon; lower the estimation of: Your behavior will disparage the whole family. |
Synonyms:
1. ridicule, discredit, mock, demean, denounce, derogate.
I suppose this is as close to a legitimate reason as any to deny me the mark, but something seems fishy to me, like I should have some sort of legal protection for my work. I mean I'm sure that derogatory cartoon "Lil' Bush", which was funny as all get out, had some protection. Or can I just go out and make up some Lil Bush t-shirts and sell them? Wasn't that cartoon "disparaging?" What the heck happened to freedom of speech anyways??? Ridiculous.
Regardless, I appealed the decision, so we will see what happens from that. I'm positive however that it will see the same results as the initial application. In the meantime I will continue to do what it is I do every day, bring the truth to you all and fight for the freedoms and liberties of us all!
