• Scott R. Weber, Esq.

Scandalous & Immoral Trademarks Now Allowed At USPTO

Updated: Aug 24, 2020

Thanks to a Supreme Court ruling last June (Iancu v. Brunetti), trademarks formerly deemed “scandalous” or “immoral” are now able to become registered. In other words, if you have a trademark that contains a swear word or foul language, you can now obtain a Federal registration with the USPTO.

The appellant in the aforementioned case (Erik Brunetti), owns a well-known fashion/streetwear brand called “FUCT” and successfully fought an almost decade long battle to register his mark. The Supreme Court ultimately ruled that the USPTO’s former rule (prohibiting scandalous and immoral marks) violated Brunetti’s 1st Amendment right to free speech.

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