Intellectual Property » Disparaging Trademarks May Go To The Supreme Court

Disparaging Trademarks May Go To The Supreme Court

May 2, 2016

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An Asian-American rock band that calls itself The Slants tried to trademark their name but the USPTO refused, citing a law barring “disparaging” marks. The Slants won on an appeal to The US Court of Appeals for the Federal Circuit, and now the Patent Office is asking the Supreme Court to review the decision. USPTO lawyers say that denying a trademark is not “an affirmative restriction on speech,” and the Federal Circuit got it wrong.

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