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Can trademarks include swearwords?

Founder & Trademark Attorney

Trademarks containing swear words, profanity, or language that is generally considered offensive are routinely refused by IP offices on grounds of public policy and morality.

Most jurisdictions include an absolute ground for refusal covering marks that are contrary to public policy or accepted principles of morality. Terms that are vulgar, racially offensive, or that promote illegal activity fall under this exclusion. The EUIPO and the USPTO both apply this ground regularly.

There have been cases where offensive marks have been successfully registered after legal challenges in certain jurisdictions, but these are exceptions and the outcomes vary significantly. The baseline is that such marks face a strong presumption of refusal.

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