Disparaging marks are registrable, according to Federal Circuit

United States of America

The Federal Circuit has reversed the Trademark Trial and Appeal Board’s (TTAB) refusal to register the mark 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 that prohibits registration to marks that are disparaging is unconstitutional.

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