Ban on Registering Disparaging Trademarks Found Unconstitutional
The Supreme Court recently decided that the ban on registering disparaging trademarks is unconstitutional. The case of Matal v. Tam was related to whether or not The Patent and Trademark Office’s refusal to register “The Slants” as a trademark for a band made up of Asian musicians, citing Section 2(a) of the Lanham Act, which prohibits the registration of trademarks that may “disparage … or bring … into contemp[t] or disrepute” any “persons, living or dead.” 15 U.S.C. §1052(a) was constitutional. The Supreme Court confirmed that the refusal to register the mark violated the First Amendment because it is used to reject trademarks based on their content and viewpoint, and that denying the benefit of registration on this basis is an unlawful burden on free speech.
This opens up a new door in trademark law for the potential to register marks that previously would be refused.