The registration of trademarks categorized as "scandalous,
obscene or immoral" marks are in issue in both the United
States and Canada. The issue has been recently raised in a case
before the U.S. Court of Appeals for the Federal Circuit.
The Facts
A Los Angeles designer filed several trademark applications for
the trademark FUCT for use in association with a line of clothing.
The applications were rejected on the basis of the non-compliance
with the Lanham Act which precludes the registration of a trademark
that "consists of or comprises immoral, deceptive or
scandalous matter".
The designer appealed the rejection to the U.S. Court of Appeals
for the Federal Circuit. The appeal was held in abeyance pending
the disposition by the US Supreme Court in the SLANTS case. In that
decision the Court found that a related provision of the Lanham Act
precluding the registration of disparaging trademarks was
unconstitutional under the US Free Speech Clause of the
