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USPTO tipped to take scandalous trade mark case to Supreme Court

Ellie Mertens, New York

The USPTO will likely ask the Supreme Court to clarify the “scandalous and immoral” provision of Section 2(a) of the Lanham Act once and for all

After two extensions, the USPTO’s deadline to petition for cert on the Federal Circuit’s Brunetti ruling is now September 7. Until the issue is decided by the Supreme Court one way or another, action on the examination of marks that...

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