The Trademark Trial and Appeal Board (TTAB) properly refused to register the mark “.SUCKS,” in standard characters and a stylized pixelated font, for failure to function as mark for the applicant’s domain name registry operator services, the U.S. Court of Appeals for the Federal Circuit has ruled. Substantial evidence supported the Board’s finding that consumers would view the standard character mark .SUCKS as a non-source identifying part of a domain name and the Board did not err in finding that the stylized form of .SUCKS failed to create a separate commercial impression to support registration (In re Vox Populi Registry Ltd., February 2, 2022, Dyk, T.).
Case date: 02 February 2022
Case number: No. 21-1496
Court: United States Court of Appeals, Federal Circuit
A full summary of this case has been published on Kluwer IP Law.