Last year, we told you about the Trademark Trial and Appeal Board (“TTAB”) refusing to register a trademark for the “F-Word” on cell phone cases, luggage, jewelry, and other goods. On August 25, the Federal Circuit said, “Not so fast” and vacated the TTAB’s ruling .

In a split decision, the Federal Circuit said that in denying artist/fashion designer Erik Brunetti’s application, the TTAB did not provide adequate clarity on why some common words can be trademarked and others can’t.

The U.S. Patent and Trademark Office initially denied Brunetti’s attempt to trademark the F-word on the grounds that it was too commonplace to trademark. He appealed to the TTAB, which affirmed the refusal. However, the TTAB’s refusal was based on the fact that the F-word failed to function as a trademark,

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