December 2017: Immoral or Scandalous Trademarks

In the case of In re Brunetti, a panel of the Court of Appeals for the Federal Circuit reversed a finding of the Trademark Trial and Appeal Board, the panel determining the Lanham Act (trademark law) prohibition against registering immoral or scandalous trademarks to be an unconstitutional restriction on free speech. With this constitutional question subject to appeal to the United States Supreme Court, the Trademark Office is now guiding examining attorneys to temporarily suspend examination of marks deemed subject to the Lanham Act prohibition awaiting further guidance (or absence thereof) from the Supreme Court. A deadline (subject to extension) for the U.S. Patent and Trademark Office to file a Petition for Certiorari with the U.S. Supreme Court is currently set for early September 2018.

Leave a Reply

Your email address will not be published. Required fields are marked *