Monday, August 6, 2018

Seeking a Vulgar Trademark? Better Wait for Supreme Court Review; Bloomberg News, August 1, 2018

Susan Decker, Bloomberg News; Seeking a Vulgar Trademark? Better Wait for Supreme Court Review

"The U.S. Patent and Trademark Office has placed suspensions on trademark applications that contain “scandalous or vulgar” words while it considers whether to ask the Supreme Court to look at the issue...

There’s always the chance that the trademark office will put other roadblocks in front of applications even if the “scandalous” standard goes away, like saying that the trademark doesn’t really identify the source of a good or service, or that it’s only an ornamental use.

And there’s no indication the ruling has led to a rise in applications for what many would consider hate speech, Baird said. One reason -- you have to pay the application fees and show you actually are using the trademark."

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