Win for “Nucking Futs” Trade Mark in Australia
06 February 2012 Category News, Trade Marks
A company selling snacks to the Australian public has been told it can have a trade mark registration for its name, “Nucking Futs”. An earlier trade mark application was rejected by an Australian Trade Mark Examiner as being potentially offensive because it was an obvious spoonerism on the phrase “F***ing nuts”, but that decision has now been overturned on appeal.
Everyday Language Acceptable for Trade Mark
The key for the snack brand was to get the trade mark registration authorities (IP Australia) to accept that the words or phrase suggested by the name “Nucking Futs” were commonplace and acceptable in Australian society. To this end, a local solicitor began a campaign on behalf of the company involved, concluding with a legal document that contended that both “f***“ and “f***ing” were a part of everyday language use in Australia and as such did not have the same capacity to offend or scandalise in today’s society as they may have done a generation ago. A dislike for the words was not enough to justify a rejection of the trade mark, he said.
Trade Mark Not Marketable to Children
After considering the legal documentation, the Trade Mark Examiner in Australia has decided to allow the trade mark to be registered on the understanding that the products are not intended to be marketed to children. The company said that the snacks are targeted at an adult audience and will be sold in pubs and clubs rather than in general stores. Acquiring the trade mark registration is important to the manufacturer’s continued success, as it has undoubtedly generated a lot of publicity around the world with its play on words – something which other companies would be quick to capitalise on if there was no danger of trade mark infringement.
There are people in Australia who regret the allowance of the “Nucking Futs” trade mark registration and point to it as another example of letting standards slide. The brand owners , however, will be delighted to have acquired registered trade mark protection and can now get on with building the brand and the business.
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