Long-time social news Web site, Fark.com, submitted their request to the US Patent & Trademark Office to register the (widely used) acronym NSFW, which means “Not Safe For Work.” Typically, this acronym is used on the Web to warn users about potential adult content, disturbing images or sound found in a hyperlink.
“I can haz a trademark” might be the meme which describes Fark’s actions. After the Internet audience (and the content) have matured, it may be near impossible to trademark the term. A Google search for NSFW results in over 804,000 Web sites that contain the phrase.
LegalZoom offers some insight on legally registering phrases. It’s very similar to the copyright process, except the responsibility for enforcement of trademarks is solely on the registrant:
The basic test in infringement lawsuits is whether the allegedly infringing phrase is similar enough to create a “likelihood of confusion.”
I’m not a legal or copyright law expert, but I strongly believe that “NSFW” is too vague to be issued legal protection. They might as well register “LOL” “OMG” and “WTF” to have the same success rate.
