FA World Entertainment Inc on Wednesday lost its fight to trademark ‘Fucking Awesome’ for products ranging from clothes to skateboards as Europe’s second-highest court backed an EU patent body’s argument that the phrase was not distinctive enough.
The U.S. company, which had registered the phrase with the International Bureau of the World Intellectual Property Organisation (WIPO), sought an EU trademark for it but was turned down by the European Intellectual Office (EUIPO) in 2021.
FA World Entertainment then took its case to the Luxembourg-based General Court.
Judges endorsed EUIPO’s decision.
“Such an expression is very well known in informal language, which removes any originality in relation to the goods at issue,” they said.
“The mark applied for is devoid of any distinctive character in respect of the goods at issue,” the Court said, adding that EUIPO was right to refuse its registration.
The company can appeal on points of law to the Court of Justice of the European Union (CJEU), Europe’s highest.
The case is T-178/22 – FA World Entertainment v EUIPO (FUCKING AWESOME).
(Reporting by Foo Yun Chee Editing by Mark Potter)