Nigga - Use in Trademarks or Brand Names

Use in Trademarks or Brand Names

The Lanham Act does not permit registration of trademarks containing terms that may disparage persons or bring them into disrepute. Registration by the U.S. Patent and Trademark Office (PTO) of terms that are historically considered disparaging to groups of people has been allowed in some circumstances. Self-disparaging trademarks have been allowed in some cases where the applicant has shown that the mark as-used is not considered by the relevant group to be disparaging.

In 1995, two Houston, Texas men filed a trademark application with the PTO for the words "Naturally Intelligent God Gifted Africans," and its acronym. The application was rejected, as were numerous subsequent applications for variations of the word nigga. Most recently, comedian Damon Wayans twice attempted to trademark a brand name called Nigga, "featuring clothing, books, music and general merchandise." The PTO refused the application, stating "the very fact that debate is ongoing regarding in--group usage, shows that a substantial composite of African Americans find the term 'nigga' to be offensive."

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