Authored by: Jeremy J. Gustrowsky
The United States Court of Appeals for the Federal Circuit recently affirmed a decision that denied trademark registration for the phrase “EVERYBODY VS RACISM.” The applicant, GO & Associates, LLC, wanted to register this phrase for use on tote bags, clothing, and in connection with promoting public awareness about racial reconciliation. However, the court agreed with the U.S. Patent and Trademark Office (USPTO) that the phrase did not function as a trademark because consumers would see it as a general message, not as a brand identifying a single source of goods or services.
To be registered as a trademark, a phrase or logo must do more than just convey a message or sentiment—it must also help consumers recognize the source of a product or service. In this case, the USPTO found, and the court agreed, that “EVERYBODY VS RACISM” was widely used by many people and organizations in various contexts, such as on clothing, in music, podcasts, and public events. Because of this widespread, non-commercial use, the public was unlikely to associate the phrase with GO & Associates as the exclusive provider of the goods or services.
GO & Associates argued that their use of the phrase was unique and that the so-called “Informational Matter Doctrine” (which prevents registration of purely informational slogans) was unconstitutional. The court rejected this argument, clarifying that the law does not automatically bar registration of slogans or informational phrases. Instead, the key question is whether the public sees the phrase as a brand or simply as a message. In this case, the evidence showed that “EVERYBODY VS RACISM” was seen as a statement against racism, not as a trademark pointing to a single company.
This decision highlights an important principle in trademark law: even a powerful or popular slogan cannot be registered as a trademark unless it actually tells consumers who is behind the product or service. If a phrase is used so widely that it becomes a general message, it cannot be claimed as a brand by one company.