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the slants Tag

Update: The USPTO’s Slanted Viewpoint on Trademark Applications is Unconstitutional

In January, we told you about how the Asian-American rock band, The Slants, had been making noise in the courts for years fighting for the right to register the band's trademark with the United States Patent and Trademark Office (USPTO). The USPTO had denied registration of the band's name, citing Section 2(a) of the Lanham Act, which allowed the USPTO to refuse registration of marks that it deemed to be immoral, scandalous, or disparaging. However, the band is likely singing the Supreme Court's praises because just this week the Court ruled in an 8-0 onion that this...

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What’s in a name? The USPTO’s slanted viewpoint on trademark applications

For over 3 years now, Asian-American rock band, The Slants, has been making noise in the courts while fighting for the right to register the band's trademark with the United States Patent and Trademark Office (USPTO). The band's battle started in 2013 when the USPTO determined that the "The Slants" was disparaging to Asian Americans and refused registration of the mark. For the past 70 years, the USPTO has used Section 2(a) of the Lanham Act to deny registration of marks that it deems to be immoral, scandalous, or disparaging. Perhaps most notably, the USPTO relied on section 2(a) when it...

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