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By: Sharon Urias, Esq. The U.S. Patent and Trademark Office’s (USPTO) authority to cancel and ban offensive trademark registrations has been under scrutiny the past few years. When the USPTO cancelled numerous trademarks of the NFL’s Washington Redskins for being offensive and disparaging of Native Americans, it created a firestorm of conversation and analysis in the social, political and legal communities.
Posted In Intellectual Property , Trademark Lately there has been a growing tension between certain trademark applicants and a provision of the 1946 Lanham Act, which governs protection of trademarks. This clause gives the U.S. Patent and Trademark Office ( the “PTO”) the power to deny registration of any “immoral. scandalous” trademark, or one that may “disparage. or bring. into contempt or disrepute” any “persons, living or dead.” 15 U.
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