The Lanham Act forbids the registration of trademarks in the US that consist of immoral or scandalous matter, or that disparage people, institutions, beliefs or national symbols. Other countries have similar rules.
Back in 2014 a Norwegian company applied for a trademark for underpants that are particularly comfortable due to providing cooling of the groin area. The USPTO refused the mark on the grounds of vulgarity since they considered that the word “balls” could relate to male genitalia. In contrast, the European Patent Office allowed the mark.
Apparently Comfyballs’s underwear incorporates a design called PackageFront, which claims to increase comfort by “reducing heat transfer and restricting movement”. One wonders why reducing heat transfer is a good idea. I always thought that testes hung in an external scrotum to keep them cool and so artificial fibers and the like, with reduced heat transfer (insulating properties) could adversely affect sperm generation.
Apparently in politically correct circles gender is now apparently considered to be a matter of personal choice rather than physiology, one could argue that there is no longer a link between testicles and men. More seriously, the mark could be considered descriptive and thus generic. That as may be, in the latest development of this exciting saga, the applicants have managed to have the mark allowed for women’s underwear. However, why women would choose knickers branded as Comfyballs is beyond me.
Seems like a load of #$%^^&$?!