This is a special edition of the Bee Blog to convey some breaking news.
There’s a statute that says which trademarks can’t be registered. Here’s what part of it says:
“No trademark . . . shall be refused registration . . . unless it— . . . [c]onsists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage . . . persons . . .”
Back in 2017, the United States Supreme Court ruled that it was unconstitutional to refuse to register a trademark because it’s disparaging. Because of that ruling Simon Tam was allowed to register THE SLANTS for an Asian rock band.
The U.S. Court of Appeals for the Federal Circuit recently used the Tam decision to support it’s ruling that it’s also unconstitutional to refuse to register a trademark because it’s immoral or scandalous. That a victory for Erik Brunetti and his trademark FUCT.
That means lots and lots of applications to register will be moving forward. The Queen Bee will definitely be following their progress.