Federal Circuit finds disparaging marks registrable – analysis and reaction
In its reversal of a refusal to register THE SLANTS, the Federal Circuit has found unconstitutional the prohibition on disparaging marks. World Trademark Review compares reactions from corporate counsel, private practitioners and the applicant himself
The Federal Circuit has reversed the Trademark Trial and Appeal Board’s (TTAB) refusal to register THE SLANTS for entertainment in the form of a musical group (see In re Simon Shiao Tam (Fed Cir December 22 2015)). According to the court, the specific portion of Section 2(a) of the Lanham Act which prohibits the registration of disparaging marks is unconstitutional.
This part of the website has now moved to the subscriber area. To read more, please pick an option below.
Register to access two articles per month
Subscribe for unlimited access to articles, in-depth analysis and research from the World Trademark Review experts
What our customers are saying
World Trademark Review is one of my favourite conference organisers. The topics and themes are always relevant, on point and designed to give me practical information about real-time industry issues. I look forward to all of the World Trademark Review events and highly recommend them to my industry colleagues.
Assistant general counsel
Subscribe to World Trademark Review to receive access to the full range of trademark intelligence, insight, and case law, as well as our guides, rankings and daily market insight delivered to your inbox.