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Aussie food brand Nuckin Futs gets trademark green light

Friday, 29 June 2012 | By Michelle Hammond

A marketing expert says times have changed with regard to controversial business names, after Australian food brand Nuckin Futs was given the green light to lodge the trademark officially.


The Nuckin Futs name attracted widespread publicity earlier this year, when it was revealed the trademark examiner had accepted it for the register pending a three-month “opposition period”.


James White, solicitor director of Pod Legal, who submitted the application on behalf of his Gold Coast client, said despite public criticisms, no one lodged an official complaint.


“Nobody took five minutes out of their day to actually oppose it after all the emails we received,” White told The Herald Sun.


“So really do people think it’s that scandalous and really does it impact them at all? People may have been shocked by the trademark but not offended enough to put a stop to it.”

White is set to lodge the trademark officially after successfully arguing his case that Nuckin Futs was not offensive because it was commonplace in everyday Australian language.


The company behind Nuckin Futs is now clear to start production of the snack. It has also lodged the trademark for consideration in the United Kingdom.


Jo Macdermott, founder and director of Next Marketing, says a controversial name can often work to your advantage, more so than it did in the past.


“If that is your name and that’s what you’re going with, you actually may be starting with a heads up because you are already aware of what the nine out of 10 [consumers’] positions will be,” she says.


“In that way, it isn’t a bad thing. You could certainly create some tongue-in-cheek advertising.”


Macdermott says the evolution of social media – and the onset of daily deals sites – means words that were once frowned upon are now welcomed, particularly if they’re attention-grabbing.


“Having quirky inferences potentially has some benefits... I think times have changed,” she says.


“We’re more open, and social media has allowed brands to have a quirky side to their name or nature.”