The Federal Circuit, in its surprisingly self-critical ruling in the long-standing dispute between Erik Brunetti and the USPTO over Brunetti’s efforts to register the term F*CK for a wide variety of goods and services, concluded that the Board’s decision in lacked sufficient clarity and therefore vacated it for further proceedings, which although facially unremarkable, may prove to be highly beneficial to many trademark owners who have been forced to wrestle with failure-to-function refusals.

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