A recent an unanimous decision from the Supreme Court ruled that even offensive words or speech can be registered as trademarks in the United States. Trademarks are words, slogans, phrases, logos, graphics, and even sounds that identify in the mind of a consumer the source or origin of the goods, products or services in connection with the trademark.
It is settled doctrine in his country that with very limited restrictions, Speech must be as free from governmental interference as possible. Specially offensive speech. Compared to other countries in the world America has a shockingly liberal and some call libertine standard for political and social commentary speech. The bar for libel and slander, for example, is pretty high, so high that most cases rarely make it out of the starting gate, if they get filed at all. In other countries defamation can be prosecuted as a crime with potential jail terms to offenders. Some countries prosecute specific topics or speech, such as holocaust deniers, or Nazi propaganda in Europe. In America courts have decided that it is speech we disagree with that must be protected the most. From flag burning, to Nazi parades, our courts have decided that they deserve legal protection.
Just because The Slants, the Asian American group at the center of the dispute won its case to get that name, offensive for Asians, as a registered trademark, it does not mean you should rush and register any word, regardless of how offensive it can be. See the news here. You should consider business and marketing considerations, such as how will it impact your potential market. Are your customers the kind of people that like to be shocked? Most likely if that is your market you may be already shocking them, just without the government seal of approval that a trademark registration provides. Think of the Atlanta baseball team, the Red Skins. They may decide that the political and business fall out of continuing to use that name is not worth the pain.
You should also consider whether you will be building a global brand, and how will those names will translate in other cultures and languages. This court ruling is a US centric decision, but if your brand acquires fame, and you want to protect it around the world, you need to make sure it does not offend sensitivities in other countries. You need to make sure not only it is not offensive in the traditional sense, but that it does not fall into other traps, such as religious blasphemy, political speech and more.
It is settled doctrine in his country that with very limited restrictions, Speech must be as free from governmental interference as possible. Specially offensive speech. Compared to other countries in the world America has a shockingly liberal and some call libertine standard for political and social commentary speech. The bar for libel and slander, for example, is pretty high, so high that most cases rarely make it out of the starting gate, if they get filed at all. In other countries defamation can be prosecuted as a crime with potential jail terms to offenders. Some countries prosecute specific topics or speech, such as holocaust deniers, or Nazi propaganda in Europe. In America courts have decided that it is speech we disagree with that must be protected the most. From flag burning, to Nazi parades, our courts have decided that they deserve legal protection.
Just because The Slants, the Asian American group at the center of the dispute won its case to get that name, offensive for Asians, as a registered trademark, it does not mean you should rush and register any word, regardless of how offensive it can be. See the news here. You should consider business and marketing considerations, such as how will it impact your potential market. Are your customers the kind of people that like to be shocked? Most likely if that is your market you may be already shocking them, just without the government seal of approval that a trademark registration provides. Think of the Atlanta baseball team, the Red Skins. They may decide that the political and business fall out of continuing to use that name is not worth the pain.
You should also consider whether you will be building a global brand, and how will those names will translate in other cultures and languages. This court ruling is a US centric decision, but if your brand acquires fame, and you want to protect it around the world, you need to make sure it does not offend sensitivities in other countries. You need to make sure not only it is not offensive in the traditional sense, but that it does not fall into other traps, such as religious blasphemy, political speech and more.