USPTO No Longer Refuses “Disparaging” Trademarks
You’ve probably heard about the trademark dispute between a group of Native Americans and the Washington Redskins. For years the validity of certain Redskins’ trademark registrations has been challenged under a federal law that prevents the registration of disparaging trademarks. In 2014, six of the Washington Redskin’s trademark registrations were cancelled by the U.S. Patent and Trademark Office (USPTO).
Then came The Slants, a band of Asian musicians. The band applied to register its name as a trademark. The trademark application was refused by the USPTO for being disparaging to Asians, and the band sued to appeal the decision of the USPTO. According to the band, they chose their name to “reclaim the term and drain its denigrating force as a derogatory term for Asian persons.” They also argued that the federal law preventing the registration of disparaging trademarks violated its First Amendment freedom of speech. The U.S. Supreme Court agreed and held that the law was unconstitutional.
Since the decision in favor of The Slants, the Redskins’ six previously-cancelled registrations have been revived.
Bottom-line – The USPTO will no longer solely refuse a trademark registration on the basis that it is disparaging.