SWIPE LEFT Trademark Was Rejected

When Tinder LLC tried to trademark the phrase “SWIPE LEFT” for dating apps and services, the USPTO said no—and the refusal was recently affirmed by the Trademark Trial and Appeal Board (TTAB) in a detailed decision dated May 2, 2025. Below, our friends from Trademark Lawyer Law Firm discuss why Tinder’s Swipe Left trademark was rejected.

If you’ve ever wondered whether a viral term or catchphrase can become a trademark, this case is a valuable lesson in two key concepts: mere descriptiveness and failure to function.

What Was Tinder Trying To Register?

Tinder applied to register the term “SWIPE LEFT” for:

• Downloadable dating app software (Class 9), and

• Dating services and online introductions (Class 45)

They argued that the phrase had become closely associated with their brand. After all, Tinder popularized the swipe-left/swipe-right interface that many dating apps now use.

So What Went Wrong?

Reason #1: “SWIPE LEFT” Is Merely Descriptive

Under trademark law, if a term merely describes a feature or function of the goods or services, it can’t be registered unless it has acquired distinctiveness.

The USPTO and TTAB concluded that “swipe left” describes exactly what users do in Tinder’s app—they swipe left to reject a potential match. It’s not abstract. It’s not suggestive. It directly tells you what the user action is.

That’s a textbook case of mere descriptiveness. In fact, the Board compared it to previous cases involving terms like “SNAP” for needle-disposal devices—you don’t have to guess what it does. You just do it.

Reason #2: “SWIPE LEFT” Fails To Function As A Trademark

The TTAB also held that “swipe left” is such a commonly used phrase—both in and outside of dating apps—that it no longer signals a single source of origin.

That’s what lawyers call a “failure to function” refusal. Even if the phrase was once coined by Tinder, it’s now part of everyday language, like “Google it” or “You got served.” The Board pointed to:

• Dictionary definitions of “swipe left” meaning to reject or say no

• Articles and blog posts explaining how it’s used across different apps and platforms

• Third-party merchandise using the phrase ornamentally (mugs, shirts, and more)

• Widespread cultural usage beyond Tinder, including in political and humorous contexts

Bottom line: if a phrase becomes generic or merely expressive, it stops functioning as a trademark—even if one company originated it.

But Didn’t Tinder Submit Surveys?

Yes, Tinder submitted two expert surveys trying to show consumer association between “SWIPE LEFT” and their brand. But the TTAB found major flaws:

• The surveys didn’t ask whether respondents viewed the phrase as a brand identifier.

• Some respondents associated the phrase with Tinder, but that’s not enough—especially if they also saw it as describing the action of rejecting someone.

• Both surveys measured recognition or association, but not whether the phrase served as a source indicator, which is what trademark law protects.

Key Takeaways For Brand Owners

This case is a masterclass in what not to do when trying to trademark a term:

• Descriptive terms won’t work unless they’ve gained distinctiveness—and even then, it’s tough.

• Common expressions fail as trademarks if the public sees them as slogans or gestures, not brand names.

• Being first doesn’t give you ownership. Even if you “coined it,” the phrase can become unprotectable if it becomes widely used.

If you’re developing a new brand, catchphrase, or UX gesture, talk to a trademark infringement lawyer early. Not everything that’s famous is protectable.