I ♡ DC

Can't stop the love (for DC, among other things).

In a case before the Trademark Trial and Appeal Board (TTAB), an applicant tried to hoard all the love for DC in a single trademark application, when they attempted to register "I ❤️ DC" as their trademark.

However, the TTAB declared that the "I ❤️ DC" image could not be trademarked. The reason, put simply, was that too many people ❤️ DC. This was further strengthened by the enthusiasm of other people who wore merchandise proudly proclaiming "I ❤️ TX," "I ❤️ My Irish Terrier," "I ❤️ Ketchup", and many more.

In legal terms, "I ❤️ DC" is a classic "failure to function" refusal. A trademark functions when it identifies the source of goods or services. After all, the entire purpose of a trademark in the eyes of the law is to help consumers identify who is making the product they are purchasing. When an applicant attempts to trademark an image that is already in widespread use, then a consumer will not be able to use that image to determine the source of particular goods or services. Hence, the image "fails to function" as a trademark, and will be denied registration.

Source: https://lnkd.in/gBMz3Zhg