Cardi B has been one of the most prominent music artist to date. She’s known for many things, including her famous catch phrase: “Okurrr.” However, Cardi B wants to pursue intellectual property protection for the phrase “Okurr,” such as trademark protection. But she may face some obstacles.
What are the obstacles
In the office action, the USPTO states “[r]egistration is refused because the applied-for mark is a slogan or term that does not function as a trademark or service mark to indicate the source of applicant’s goods and/or services and to identify and distinguish them from others.“ Moreover, the office action further states that “the attached evidence from Redbubble ®, Etsy ®, Teepublic ®, Society6 ®, Refinery 29 ®, People ®, USA Today ®, Urban Dictionary ® and Dictionary.com ®, shows that this term or expression is commonly used in the drag community and by celebrities as an alternate way of saying ‘OK’ or ‘something that is said to affirm when someone is being put in their place.'” Further, “[b]ecause consumers are accustomed to seeing this term or expression commonly used in everyday speech by many different sources, they would not perceive it as a mark identifying the source of applicant’s goods and/or services but rather as only conveying an informational message.”
The USPTO also states that the applicant “has classified ‘Paper goods, namely, paper cups’ in International Class 16; however, the proper classification is International Class 21.” Thus, Cardi B seems to have some issues to address before she can trademark “Okurr.”
To read the entire office action, click here.
What is a trademark?
Trademarks are generally marks, words, or other indicia that consumers can identify a with a source such as a company. Generally, for a mark to obtain trademark protection, it must be inherently distinctive or acquire secondary meaning. Moreover, the trademark owner has the right to use the mark in commerce. Unauthorized parties that use the same or similar mark and that causes a likelihood of confusion may be infringing on the trademark.
Do Consumers identify Okurrr with Cardi B?
Okurrr is definitely something Cardi B says often. But is it something we can identify with her? We see her use it in commercials, talk shows, and in various other settings. Some sources say that Chloe Kardashian has used it before Cardi while others disagree. This is another obstacle that Cardi B may have to overcome.
What are your thoughts on Cardi B trying to trademark “Okurrr.” Leave a comment below to let us know what you think!
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Disclaimer: This article is not legal advice. It is only for educational or entertainment purposes only. Please do not use the article or contents of the article without permission. For legal advice and questions, please contact registered Patent Attorney Vincent LoTempio.