USPTO asks Supreme Court to review ‘scandalous’ trademarks case

2018/09/13

The US Patent and Trademark Office (USPTO) has asked the Supreme Court to review a ruling that opened the door to registration of “scandalous and immoral” trademarks.

The USPTO filed a writ of certiorari on Friday, September 7, asking whether the legal provisions that prohibit the federal registration of “scandalous and immoral” trademarks are facially invalid under the Free Speech Clause of the First Amendment.

Under section 2(a) of the Lanham Act, trademarks that consist of immoral or scandalous matter may be refused registration.

According to the USPTO, the Federal Circuit’s ruling that the ban on registering scandalous marks is unconstitutional is incorrect and warrants a review.

The USPTO argued that the provisions in section 2(a) do not prohibit any speech, forbid any conduct or restrict the use of any trademark, nor do they restrict the trademark owner’s protection.

The USPTO said that the scandalous-marks provision reflects Congress’s view that the US government should not promote the use of graphic sexual images and vulgar terms by granting them registration.

Source: WIPR