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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,​
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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.”

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