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Federal Circuit denies writ of mandamus in Slants case

Michael Loney, New York


A writ of mandamus to force the USPTO to register “The Slants” as a trade mark has been denied by the Federal Circuit. This comes after the USPTO this month issued guidance putting trade mark applications with Section 2(a) issues on hold pending potential Supreme Court review

Federal CircuitIn December, the Federal Circuit sitting en banc held that the USPTO could not refuse Simon Shiao Tam’s application to trademark “The Slants” on the ground that it is disparaging under Section 2(a) of the Lanham Act.  

Tam,...


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