This content is from: Trademarks

Is the prohibition on disparaging marks unconstitutional?

The Federal Circuit affirmed the USPTO’s rejection of an application for the The Slants mark on the grounds that the term was disparaging to Asians. After drafting the court’s opinion, Judge Kimberly Moore penned an “additional views” section questioning the constitutionality of Section 2(a) of the Lanham Act

To access our in-house intelligence please request a trial here.

Read this article – and more – for a 30 day period.


Are you already an Managing IP subscriber? Login here


Instant access to all of our content. Membership Options | 30 Day Trial