First, did you have to? As I always say, just because you can, doesn’t mean you should.
Second, the SAXX mark is registered. Did Saks Fifth Avenue not care about it enough to oppose or sue? Their famous stylized mark is registered for “all articles of wearing apparel for men and boys,” FYI.
The PTO cared, for what it’s worth – and Saxx masterfully overcame the initial 2(d) refusal in a tour-de-force office action response that pulls no punches about the SAXX mark’s connotations, and indeed admits that the intention of the mark is to call male genitalia to mind. A ballsy approach, one might say – and a successful one. Kudos!
Next, while I have some curiosity about what a “ballpark pouch” might be, I’m not curious enough to Google it and suffer the consequences of the ads that might subsequently be served to me.
And finally, I guess “modern fit” is always preferable to, say, a medieval fit. Especially when it comes to underwear.
(Photo credit to my dear friend Adam, who is always on the lookout for me.)