Legal Definitions - scandalous subject matter

In trademark law, scandalous subject matter refers to any word, phrase, symbol, or graphic depiction that the U.S. Patent and Trademark Office (USPTO) may refuse to register as a trademark. This refusal occurs when the proposed mark is considered profoundly offensive, shocking, or contrary to widely accepted social standards and public decency. While the law also mentions "immoral" subject matter, courts often treat "scandalous" and "immoral" as overlapping concepts in this context.

Here are some examples illustrating scandalous subject matter:

• Example 1: Profane Brand Name

  Imagine a new clothing line attempting to register a brand name that incorporates a widely recognized and highly offensive four-letter expletive. Even if the brand argues it's meant to be edgy or rebellious, the USPTO would likely reject this trademark application.

  Explanation: The use of such explicit profanity in a commercial context is generally considered shocking and offensive to prevailing social mores. Granting a trademark for such a term would be seen as the government endorsing or protecting language that most of society deems inappropriate and vulgar.

• Example 2: Disrespectful Imagery

  Consider a company that designs novelty items and tries to trademark a logo featuring a cartoonish, mocking depiction of a deeply tragic historical event, such as a natural disaster that caused widespread loss of life. The imagery is designed to be humorous but is widely perceived as insensitive and disrespectful to victims and survivors.

  Explanation: This logo would likely be deemed scandalous because it trivializes a serious tragedy and is profoundly offensive to public sensibilities, particularly those affected by the event. It violates social norms of respect for human suffering and memory.

• Example 3: Hate Speech Slogan

  A fringe organization attempts to register a slogan as a trademark for its publications, and the slogan contains a derogatory slur targeting a specific racial or ethnic group. The organization claims it's part of their "freedom of speech."

  Explanation: This slogan would undoubtedly be considered scandalous. Its content constitutes hate speech, which is inherently offensive and discriminatory, violating fundamental social norms against prejudice and bigotry. The government would refuse to grant trademark protection to such a mark, as it would be seen as an affront to public decency and equality.