Overview
Joanne Ludovici said that, although the term “Brexit” will be in use for some time, attempts to trademark it are unlikely to succeed. “The USPTO may deny registration on the grounds that ‘Brexit’ is not capable of functioning as a trademark because everybody is using that phrase,” Ms. Ludovici noted. “Moreover, these types of applications are likely to be refused on the basis that they … do not function as trademarks to indicate the source of applicant’s goods.”