Susan Decker, Bloomberg News; Seeking a Vulgar Trademark? Better Wait for Supreme Court Review
"The U.S. Patent and Trademark Office has placed suspensions on trademark
applications that contain “scandalous or vulgar” words while it
considers whether to ask the Supreme Court to look at the issue...
There’s always the chance that the trademark office will put other
roadblocks in front of applications even if the “scandalous” standard
goes away, like saying that the trademark doesn’t really identify the
source of a good or service, or that it’s only an ornamental use.
And
there’s no indication the ruling has led to a rise in applications for
what many would consider hate speech, Baird said. One reason -- you have
to pay the application fees and show you actually are using the
trademark."
Issues and developments related to IP, AI, and OM. My Bloomsbury book "Ethics, Information, and Technology" will be published in January 2026 and includes chapters on IP, AI, OM, and other emerging technologies (IoT, drones, robots, autonomous vehicles, VR/AR). Preorders are available via this webpage: https://www.bloomsbury.com/us/ethics-information-and-technology-9781440856662/
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