Belcalis Marlenis Almánzar, the American rapper famously recognised as Cardi B, attempted to trademark her iconic catchphrase “Okurrr” in the US, the application was made under her cosmetics brand in 2019.
This application raised the question of whether catchphrases can be trademarked? United States Patent and Trademark Office rejected Cardi B’s application on the basis that the phrase does not operate as a trademark that would suggest that this phrase differentiates or distinguishes the applicants (Cardi B’s cosmetic brand) products from third parties. Instead, the catchphrase was found simply to be a common term or expression that was a recognised and well-known notion/ phrase.
It was further added that this phrase was widely known and used by numerous sources such as the Urban Dictionary as well as by the Kardashian family. Therefore, this further evidenced that as this phrase was a commonly used in public, this would create an association to Cardi B’s brand and goods.
Furthermore, it is also alleged that the phrase “Okurrr” was initially used in public by Laganja Estranja in season 6 of an American competition TV show, RuPaul’s Drag Race.
Additionally, two other applications were made by third parties in an attempt to trademark akin phrases, this gave Cardi B six month to reply to her declined application to avert her application to be abandoned.
If you would like to discuss protection of your brand, please get in touch with the Trademarkroom team today.
