On January 22, 2024, the Court of Appeals for the Federal Circuit affirmed a decision by the Trademark Trial and Appeal Board (the "TTAB") to refuse registration of the phrase EVERYBODY VS RACISM in connection with merchandises and services promoting public awareness of the need for racial reconciliation. The Federal Circuit found that the way this phrase was used in the marketplace and by the applicant supported the TTAB's decision that it could not function as a source-identifying trademark; the "citizens of the country" used it'and needed to be free to use it'to express their heartfelt stance against racism.
Back in May 2020, the applicant, Go & Associates, LLC ("Go"), started using the phrase EVERYBODY VS RACISM to "support the movements to eradicate racism globally." Some examples of that use, as submitted to the U.S. Patent and Trademark Office (the "PTO"), are shown below:
p
Shortly thereafter, on June 2, 2020, Go filed a use-based trademark application for EVERYBODY VS RACISM, listing "tote bags; t-shirts, hoodies as clothing, tops as clothing, bottoms as clothing, and headwear; and promotion of public interest and awareness of the...
