Profanity with a Purpose: “UNFUCK THE PLANET” Proceeds to Registration
Published 9 June 2026
MBIP’s trade mark team recently took part in a notable ex parte hearing in which protection was sought for two unconventional trade marks. The decision in Lowercase Ventures Management I LLC [2026] ATMO 47, in which IP Australia has agreed to allow the marks UNFUCK THE PLANET and UNF**K THE PLANET to proceed to acceptance – overturning examination objections based on both distinctiveness and scandalous matter grounds – has already proven to impact future Australian trade mark practice.
The trade mark applications, filed by Lowercase Ventures Management I, L.L.C., cover a range of goods and services associated with environmental sustainability, climate technology and investment activities. During examination, IP Australia objected under sections 41 and 42(a) of the Australian Trade Marks Act 1995 (Cth), stating that the phrase was commonly used in connection with climate activism and that the inclusion of the word “UNFUCK” would likely offend a section of the Australian community.
MBIP represented the applicant throughout the matter, preparing submissions of argument followed by extensive evidence in support of the applications. At the hearing, the applicant was represented by Andrew Sykes of Counsel, instructed by MBIP.
Distinctive Despite Its Message
On the ground of distinctiveness, the Delegate rejected the examiner’s contention that the phrase was commonly used in relation to environmental activism. While acknowledging that the slogan could be understood as a call to address environmental damage, the Delegate considered it “punchy and memorable” and found that its meaning was not sufficiently clear or descriptive of the relevant goods and services.
Importantly, MBIP’s evidence submissions had shown that the evidence of third-party use was limited, and the Delegate was not persuaded that other traders would legitimately wish to use the same phrase in relation to the applicant’s broad clothing or educational and entertainment services to which the objection related to.
Profanity Alone Is Not Enough
The more significant aspect of the decision concerned how the objection under section 42(a) was overruled.
Applying recent authority, the Delegate confirmed that a mark will only be rejected as scandalous if it is likely to cause a significant degree of disgrace, shock or outrage that goes beyond mere offence, and that this reaction would be shared by a significant number of people.
This test has long been familiar, however contrary to previous practice was the extent to which MBIP and Counsel tested the familiar threshold against detailed evidence submissions. The evidence included examples of contemporary Australian and overseas use of the term “UNFUCK” in books, podcasts, artwork, merchandise, cultural events and other commercial contexts, together with evidence regarding changing community attitudes towards profanity. Moreover, the impact of the word “FUCK” was exhibited in context to three video samples of publicly available films which the Australian government classified as PG or G rated: SPACEBALLS, FUNNY FARM and LET THERE BE ROCK – AC/DC. The profanity in these films was found to be mild, despite the use of the word.
After reviewing the evidence, the Delegate concluded that the phrase conveyed a positive message about remedying environmental harm rather than aggressive or abusive sentiment.
The decision emphasised the increasing prevalence of similar language in Australian books, media, art, entertainment and advertising, particularly when such evidence is supported by publications of facts. In this instance, MBIP sourced and included an article entitled Insights: Ad Standards community perception research 2024 published by Plexus on 18 October 2024 which outlined the findings from Ad Standards’ latest qualitative research and confirmed that:
- 75% of Australians believe advertising should reflect community standards on topics, including the use of language and violence;
- the respondents were cognizant of the fact that standards about language change over time and its usage should reflect current attitudes and views:
- words can be acceptable or unacceptable depending on the way they’re conveyed, for example, in a light-hearted or aggressive tone; and
- potentially offensive content being presented in a humorous or clever manner is more likely to be overlooked and accepted.
The efforts of MBIP and Andrew Sykes of Counsel successfully demonstrated that a term previously considered scandalous had become widely used in contemporary society. Combined with submissions regarding changing community attitudes towards profanity, particularly where it is used in a humorous, clever or socially constructive context, this evidence helped persuade the Trade Marks Office that the mark was unlikely to offend a significant section of the public.
The Delegate ultimately found that the marks were unlikely to generate the level of shock or outrage required by section 42(a), observing that Australian norms regarding profanity have evolved and that the phrase was more likely to be understood as a positive environmental message than as scandalous matter.
Consistent With Overseas Outcomes
The Australian decision follows successful prosecution of corresponding applications in the United Kingdom, where the UK Intellectual Property Office also permitted registration of UNFUCK THE PLANET (O/0114/25) and UNF**K THE PLANET (O/0116/25) on 11 February 2025.
Key Takeaway
The Lowercase Ventures Management decision reflects a broader trend in trade mark practice: words that may once have been considered inherently unacceptable are increasingly being assessed in their full commercial and social context. While profanity remains capable of attracting objections, this case demonstrates that modern community standards – and the submissions of evidence and arguments used to establish them – can play a decisive role in overcoming examination concerns.
For brand owners adopting provocative or unconventional messaging, the decision serves as a reminder that registrability will often depend less on the presence of a particular word and more on how that word is likely to be understood by today’s consumers.
If you are developing a new brand, or would like guidance on the registrability of a proposed mark, our trade mark attorneys can help you navigate the process and maximise the strength and protectability of your brand.
