USPTO Refuses Fox Media’s “OK BOOMER” Trademark Application
Fox Media’s trademark application for “OK BOOMER” was refused by the USPTO on February 4th.
In issuing the refusal, the USPTO examiner found that “OK BOOMER” was a widely used and common place message. The rule that was applied by the examiner, 1202.04(b), essentially states that you cannot register a meme or a popular phrase because it cannot be tied to any particular company. It’s free for anybody to use.
At this point, Fox Media has six months to appeal the decision. However, this sort of refusal is extremely difficult to get around and it would be nearly impossible for Fox Media to win.
Nothing about this refusal prevents Fox Media from creating an “OK BOOMER” TV show. It only means that they cannot own the trademark registration, which would make any policing of the name very difficult.
Josh Gerben, Esq.
Josh Gerben, Esq. is the founder and principal of Gerben IP. In 2008, Mr. Gerben started the firm to provide high-quality trademark services at reasonable prices. Today, he is recognized by the World Trademark Review as a top trademark filer, having registered over 7,500 trademarks. The contents of this blog are for informational purposes only and may not be relied on as legal advice.
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