De Puta Madre Trademark Disallowed

As reported today on The TTABlog, the Trademark Trial and Appeal Board of the USPTO has found the mark De Puta Madre to be immoral or scandalous.

Applicant stated that the English translation of its mark is "Whore Mother's," but Examining Attorney Nelson Snyder contended that the mark is a "vulgar, slang expression equivalent to 'FUCKING GREAT' in English." He relied on a declaration from the USPTO Technical Translator, with accompanying definitions of "de puta madre;" on definitions of "fucking," "whore," "motherfucker," and "son of a bitch;" and on website and Nexis excerpts.

Applicant, in turn, relied on Internet printouts, dictionary definitions, a Wikipedia entry, third-party registrations, and an expert's declaration, in arguing that the mark translated "colloquially in English to the complimentary and clearly inoffensive terms 'very well,' 'well done,' and/or 'great.'" ...

Finally, the fact that DE PUTA MADRE has a "positive meaning" does not detract from its vulgarity. "A vulgar term may be used with a positive or negative meaning but that does not remove it from offensive speech." Or to put it to you another way, "... 'really great' and 'fucking great' both have the same positive meaning but one expresses that meaning in an inoffensive manner and the other expresses it in a vulgar manner."

It is not known if the Applicant, upon being advised of the Board's decision, may have said, "That's fucking great."

Here's the history of the brand from the De Puta Madre website:

The brand De Puta Madre was created in a Spanish jail by a Columbian drug dealer, Ilan Fernandez (I.F.U.) who was arrested in 1991 in Barcellona for drug pushing and arms trafficking.

Repenting of his illegal actions, he tried to give vent to his innermost feelings, beginning to create T-shirts with felt penned slogans and words that they were smuggled out of jail secretely. The big clamour caused by the T-shirts, let him feel the willing to express worldwide his thoughts and spread abroad De Puta Madre brand.

Once out of prison, I.F.U. started to search with all his means and with many difficulties for a producer with whom he could share his ideas and project, thus the brand De Puta Madre was born and is now recognized all over the world. The expression De Puta Madre is derived from Spanish and express a inner sensation. It could be translated into "I am cool" "I feel great".

Okay, maybe he said, "I feel great."