Locke-ing Down Nonsense Trademarks: Applying the Property Theory of John Locke to the Issue of Nonsense Trademarks

Authors

Jake H. HowellFollow

Abstract

In 2019, the United States Patent and Trademark Office received almost half a million trademark applications. This was the tenth year in a row in which the number of applications received broke the record from the previous year. Since 2015 there has been a marked increase in the number of applications for trademarks that are unusual. These applications are for trademarks that consist of an apparently random string of letters unpronounceable in English and with no meaning in another language. These unusual trademarks have come to be known as nonsense trademarks. Nonsense trademarks are a growing problem in intellectual property. The traditional tools used to address issues in intellectual property are ineffective against nonsense trademarks. The best solution is for Congress to include linguistic failure into the failure to function doctrine.

Recommended Citation

Jake H. Howell, Locke-ing Down Nonsense Trademarks: Applying the Property Theory of John Locke to the Issue of Nonsense Trademarks, 32 Cath. U. J. L. & Tech 51 (2024).
Available at: https://scholarship.law.edu/jlt/vol32/iss2/5