Client AlertsU.S. Patent and Trademark Office’s Refusal to Register Disparaging Trademarks Struck Down on First Amendment Grounds
The U.S. Court of Appeals for the Federal Circuit, in a 9-3 decision in In re Tam, has declared a provision of the federal trademark law unconstitutional as violating the First Amendment guarantee of free speech. The provision in question permits the U.S. Patent and Trademark Office (“USPTO”) to refuse to register disparaging marks. The case involves...

