PRINT
|
SUBSCRIBE | UNSUBSCRIBE
|
TEXT ONLY
BY Rowan Forster
Unf*ck the planet: Do not panic mate, we swear like troopers here!
There have been reports in the media that an Australian law firm, MBIP, has been involved with a trade mark application that could at very best be described as unconventional. How so? Well, the trade mark that the law firm’s clients, Lowercase Ventures Management, wanted to register is a somewhat unusual one. It is…UNFUCK THE PLANET.
A rejection
To the surprise of few, the application to register the trade mark UNFUCK THE PLANET was rejected by the IP Australia registry. On what grounds you ask?
Well, there is the issue of non-distinctiveness. Not to mention the issue of scandalous matter (later overturned). IP Australia’s view was frankly predictable - the word UNFUCK was likely to offend a section of the Australian community, and the relevant legal provisions, Sections 41 and 42(a) of the Australian Trade Marks Act 1995.
Distinctiveness – punchy and memorable
IP Australia rejected the examiner’s contention that UNFUCK THE PLANET was a term commonly used in relation to environmental activism. Whilst acknowledging that the slogan could be understood as a call to address environmental damage, IP Australia described it as ‘punchy and memorable’, and it said that its meaning was not sufficiently clear or descriptive of the relevant goods and services. IP Australia made the point that evidence of third-party use was limited, and there was no reason to assume that other traders would wish to use the phrase for clothing or educational and entertainment services.
Profanity and scandalous trade marks - in Australia, the bar is pretty high mate!
IP Australia made the point that in order for a trade mark to be ‘scandalous’ in Australia it must be likely to cause a ‘significant degree of disgrace, shock or outrage that goes beyond mere offence.’ Furthermore, such a reaction needs to be ‘shared by a significant number of people’ - section 42(a) of the legislation.
Always look on the bright side of life
We understand that IP Australia reviewed a great deal of evidence before it came to this interesting conclusion – far from being scandalous, the phrase UNFUCK THE PLANET is a slogan that is positive. How is that then? Well, we are told that the slogan is all about ‘remedying environmental harm rather than aggressive or abusive sentiment.’
Some reflections on language
Research conducted in Australia shows that a considerable number of Australians (as in 75%) believe that advertising should ‘reflect on community standards on topics, including the use of language and violence’. Australians recognise that language standards change over time, and that the acceptability of words may vary according to the way in which they are conveyed - sometimes light-hearted, sometimes aggressive! Interestingly, the claim is made that ’potentially offensive content being presented in a humorous or clever manner is more likely to be overlooked and accepted.’
When in doubt, look abroad
Yes, there is almost always precedent to be found somewhere. The issue that we have discussed in this article was unsurprisingly dealt with in the UK, with the UK IP Office allowing registration of the trade marks UNFUCK THE PLANET and UNF**K THE PLANET on 11 February 2025.
What does this judgment mean for the future?
Here are two possibilities:
The big picture: The judgment shows a clear trend – words that may once have been inherently unacceptable are ‘increasingly being assessed in their full commercial and social context.’ In short, we have become a tough bunch!
Modern community standards: Although profanity may still attract objections, the judgment shows that ‘modern community standards, and the submission of evidence and arguments used to establish them, can play a decisive role in overcoming examination concerns.’
Rowan Forster
Executive | IP & Innovation
