USPTO Can’t Reject Offensive Trademarks

A nearly 70-year old provision in federal law has been struck down by the U.S. Court of Appeals for the Federal Circuit, which ruled that the USPTO cannot reject trademarks on the basis that some may find them offensive. The case was brought by Simon Tam, front man for the Asian-American rock band the Slants, whose name was rejected by the USPTO. The court cited constitutional free-speech protections in striking down part of the 1946 Lanham Act, and acknowledged its ruling may open the door for registration of trademarks that may “offend vulnerable communities.” One such ongoing case concerns Washington’s own National Football League team, the Redskins, who are embroiled in a lawsuit to protect their trademark.