Why “SWIPE LEFT” Was Rejected — and How to Avoid the Same Mistake


June 9, 2025

Can you trademark a phrase everyone uses?

Hello Reader,

In a recent decision, the USPTO rejected Tinder’s applications to register “SWIPE LEFT” for its dating app and services. Why? Because “SWIPE LEFT” was found to be:

Merely descriptive — It directly describes what users do in the app to reject a match.
Fails to function as a trademark — It’s a common phrase that conveys a familiar idea: rejection.

Tinder submitted two consumer surveys trying to show people associate the phrase with their brand. But the surveys didn’t prove that the phrase actually functions as a source identifier—the key requirement for any trademark. The Board noted the surveys tested “association,” not whether the public saw the phrase as a brand, and association alone isn’t enough.

Even if you coined the phrase (as Tinder claimed they did), if it becomes common slang—or if it just describes how your product works—it's probably not protectable.

Tip: Before applying, ask:

  • Does this phrase describe how my product works?
  • Would others reasonably want to use this phrase too?
  • Do people already use it as a common saying?

If the answer is “yes” to any of those, you may need a more distinctive mark—or at least file on the Supplemental Register if eligible.

Bottom line: Descriptive or widely used phrases like “SWIPE LEFT” may make for great branding... but not great trademarks.

Want to avoid costly refusals? We can help evaluate your mark before you file.

Keep Your Brand Safe and Protected,

J.J. Lee and the Trademark Lawyer Law Firm Team!

P.S. This isn’t just a Tinder problem. The same refusal can hit businesses using any popular or descriptive phrase—whether you're selling software, shirts, or supplements. Better to find out now than after the USPTO says “no.”

J.J. Lee, Trademark Attorney

Learn something new every Thursday! Join over 4,000 entrepreneurs and business owners for weekly Trademark tips, tricks, and news.

Read more from J.J. Lee, Trademark Attorney
The image shows a busy, colorful clothing store.

July 28, 2025 TMtelegram Hello Reader, If your trademark application has ever been blocked by a strange, unfamiliar registration—one with a made-up name or suspicious “proof of use”—you may have run into a growing problem in the trademark world: specimen farms. The USPTO recently issued a public warning about these setups, and it’s something every business owner and brand builder should understand. Because if you’re doing things right—actually using your brand in commerce and building your...

The coca-cola store glows brightly at dusk.

July 21, 2025 TMtelegram Hello Reader, You might not think of trademarks as a business growth tool, but companies like Target sure do. In fiscal year 2024, Target filed more trademark applications than any other company in the U.S.—a total of 525, according to the Star Tribune (read the article here). That’s not a typo. And it wasn’t about chasing trends—it was about protecting their 40+ private-label brands, including heavy-hitters like Cat & Jack (kidswear), Good & Gather (groceries), and...

Brick building entrance framed by lush greenery.

July 14, 2025 TMtelegram Hello Reader, Most people know that trademarks protect your brand name, but did you know that famous trademarks get a higher level of protection under the law? Two recent cases show exactly how that works—and how powerful a famous trademark can be in court. Case #1: The IVY LEAGUE Stops “IV League Nurse Concierge” The Ivy League colleges (like Harvard and Yale) collectively own the trademark THE IVY LEAGUE, and they've used it for decades in connection with education,...