On June 24, 2019, the U.S. Supreme Court decided in Iancu v. Brunetti that the trademark FUCT should be allowed to register in light of existing federal Trademark Law registration prohibitions against trademark applications which are deemed to be “immoral” or “scandalous”. The Supreme Court found that the prohibition against registration of such an application is an unconstitutional restriction on free speech and thus violating the First Amendment.
The ruling means that trademark applications that previously failed as a result of being deemed “scandalous” or “immoral” by the U.S. Patent and Trademark Office (USPTO) can re-submit these trademarks in new applications if desired. In addition effective immediately after the decision, new trademark applications cannot be refused on the grounds that they are deemed “immoral” or “scandalous” by a trademark examining attorney at the USPTO.
