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Home • News

Yup! Companies Are Trying To Trademark The N-Word...And They Might Succeed

A recent Supreme Court ruling has opened the floodgates for companies to try trademark offensive terms  
Yup! Companies Are Trying To Trademark The N-Word...And They Might Succeed
Andrew Harrer—Bloomberg /Getty Images
By Paula Rogo · Updated October 26, 2020
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A Supreme Court decision on trademarks last month has opened the floodgates of companies trying to trademark offensive terms like the N-word.

So far about nine applications with the U.S. Patent and Trademark Office (PTO) are pending for terms deemed racially offensive, Reuters reports. And if they follow through, you could find the N-word, and others, on clothing, beauty products or even food items.

The Court threw out a federal law that prohibited offensive trademark on June 19, saying the law violated free speech rights under the U.S. Constitution.

“It offends a bedrock First Amendment principle: Speech may not be banned on the ground that it expresses ideas that offend,” Justice Samuel Alito wrote for a unanimous court decision. 

Before the decision, the PTO office would reject filings of names deemed offensive because words like n**** denigrated an unidentifiable group.
 
 “We’re now opening the door, chipping away at what’s acceptable under cultural norms,” said Attorney David Bell, a trademark expert. “I think it could be a slippery slope, where you get more people and companies thinking, ‘This is okay.'”

Since the decision, seven trademark applications for versions of the N-word, according to Reuters.