Jigga not allowed as trademark by USPTO

The U.S. Patent and Trademark Office (USPTO) has rejected a trademark application for "jigga," which was filed by Damon Wayans. Turns out that the USPTO thinks the word "jigga" is scandalous or disparages a particular group. Mr. Wayans had planned on his new hiphop clothing line. You can read more here, but be forewarned that this site uses patent and trademark interchangeably. Readers of this block know that is one of my pet peeves (e.g. there is a difference between patents and trademarks)

According to the USPTO, there are certain words that cannot be used in a trademark. Quoting the Trademark Manual of Examination Procedure (TMEP) Section 1203:

Extract from 15 U.S.C. §1052. No trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it-- (a) Consists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute; or a geographical indication which, when used on or in connection with wines or spirits, identifies a place other than the origin of the goods and is first used on or in connection with wines or spirits by the applicant on or after one year after the date on which the WTO Agreement (as defined in section 2(9) of the Uruguay Round Agreements Act) enters into force with respect to the United States.

The TMEP governs how the attorneys at the USPTO examine trademarks.

Let's break down the various automatic rejections comprised in this section, which cannot be overcome (e.g. you will not be able to register the mark).

Immoral or Scandalous Matter

This includes many words, such as fuck and shit, which will offend people. This also includes other less clear-cut terms, such as "jack off" and "dyke." Recently the motorcycle group "Dykes on Bikes" was able to get a registered trademark because they were able to show that lesbians are not insulted by being called dykes (more info). This is where Mr. Wayans ran into trouble (more below).

Deceptive Matter

Instead of explaining this one myself, I quote TMEP Section 1203.02:

The Court of Appeals for the Federal Circuit has articulated the following test for whether a mark consists of or comprises deceptive matter:

(1) Is the term misdescriptive of the character, quality, function, composition or use of the goods?

(2) If so, are prospective purchasers likely to believe that the misdescription actually describes the goods?

(3) If so, is the misdescription likely to affect the decision to purchase?

Matter which May Disparage, Falsely Suggest a Connection, or Bring into Contempt or Disrepute

This one applies to people and national symbols, so you cannot register "France Sucks." I know it's popular to hate France, but without them, we wouldn't be a country (massive financial aid during the Revolutionary War and a blockade of British troops by French ships allowed Washington to defeat Cornwallis- but I digress). You also claim a false connection (such as registering Paula Abdul for perfume if you do not have her permission) or do something that might bring contempt to a name (some once tried to register "Here's Johnny Toilet Seats," and Mr. Carson did not like that).

This brings us back to Mr. Wayans and his "Jigga" mark. Clearly he's playing on the term "nigga" which is another form of "nigger." Lest anyone think I'm tossing around slurs, I myself am a Mc Pollack nerd. Mr. Wayans's mark appears to be a play on the term "jiggy," which was made popular by Wil Smith. I'm kind of surprised that this mark has not been allowed to go forward, or that Mr. Wayans's attorneys have been able to overcome this rejection. While clearly "nigger" is a term that is scandalous and/or disparages someone, "nigga" is so widely used in popular culture (rap, hiphop, movies, normal people, etc). I think some strong arguments can be made to the USPTO to convince them to allow this mark through, and hopefully Mr. Wayans will eventually "Jigga" registered with the USPTO.