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5 March 2015Trademarks

Comfyballs asks pollsters whether ‘balls’ is offensive

An underwear maker that was denied a US trademark because it contained the “vulgar” word ‘balls’ has created a survey to determine whether the term is offensive.

Comfyballs, a Norwegian-based company, has set up a website asking men and women to respond to a poll on whether the term ‘balls’ is “immoral” or not.

In October last year, the US Patent and Trademark Office (USPTO) rejected a trademark application for ‘Comfyballs’ on the grounds that, due to the mark covering underwear, the word ‘balls’ could only relate to male genitalia.

The office added that as ‘balls’ is a slang and offensive term, the application would cause offence.

“There are at least four standard dictionaries in which the definition of ‘balls’ includes the often vulgar slang for testicle,” the USPTO said.

Comfyballs’s underwear incorporate a design called PackageFront, which claims to increase comfort by “reducing heat transfer and restricting movement”.

Anders Selvig, founder of Comfyballs, said of the poll: “In setting up this polling website, we hope we will be able to present to the USPTO evidence that their fear of a sense of vulgarity among the American people is unfounded.”

He added: “This poll will largely determine whether or not we have a case with the USPTO. We aim to use the polling outcome in our correspondence with the USPTO.”

The company has a deadline of April 14 this year (six months after the initial decision) to appeal against the USPTO’s ruling.

“Obviously a positive outcome would be very valuable, whereas a negative outcome would be detrimental to our case,” Selvig added.

In its decision, the USPTO likened Comfyballs’s application to ice cream maker Ben & Jerry’s attempt to market an ice cream flavour called Schweddy Balls, for which a trademark was also denied.

The poll closes on April 9, 2015.

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Trademarks
11 December 2014   A Norwegian underwear brand called Comfyballs has been denied a trademark registration in the US—because the term is too vulgar.