USPTO makes next move in high-profile battle over disparaging marks

The USPTO has filed a petition for a writ of certiorari to review the US Court of Appeals for the Federal Circuit decision in In re Tam, asking the Supreme Court to answer the question of whether the disparagement provision in Section 2 of the Lanham Act is facially invalid under the free speech clause of the First Amendment. The move means that the battle over the registration of disparaging marks is nearing its end.

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