BREAKING: US Supreme Court holds provision preventing registration of disparaging trade marks unconstitutional
The Slants Can signs which are offensive and disparaging be registered as trade marks? Similarly to EU trade mark law, which prohibits registration of signs "which are contrary to public policy or to accepted principles of morality" [Article 4(1)(f) Trade Mark Directive ; Article 7(1)(f) Trade Mark Regulation ] , the US Lanham Act contains a provision that prevents registration of certain signs on similar grounds. More specifically, among other things §1052(a) provides t hat " No trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it— (a) Consists of or comprises ... matter which may disparage". Readers will remember that the issue of disparaging trade marks has been at the centre of attention in the US for a while, also following the refusal, by the US Patent and Trademark Office (PTO), to register "THE...