Intellectual Property
Dec. 31, 2015
Offensive marks are now protected
Can the U.S. Patent & Trademark Office refuse to register trademarks that are racist, offensive, and disparaging to minorities, religious groups, and others?
Ben M. Davidson
Founder
Davidson Law Group ALC
Intellectual Property
Email: Ben@dlgla.com
George Washington Univ Law School
Ben is a former patent examiner and represents corporations in intellectual property litigation and proceedings before the U. S. Patent & Trademark Office.
Can the U.S. Patent & Trademark Office refuse to register trademarks that are racist, offensive, and disparaging to minorities, religious groups, and others? For over a hundred years, the well-established answer to that question has been "yes." Under Section 2(a) of the Lanham Act and its predecessor rules of practice, trademark examiners have rejected disparaging marks, as well as those deemed to be scandalous or immoral. Although unsuccessful applicants would still have their common law ...
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