Fed. Circ. ​Ruling May Trigger New Wave Of TM Applications

Law360, New York (January 9, 2018, 6:04 PM EST) -- The U.S. Patent and Trademark Office is the gatekeeper for federal trademark registration, empowered by statute (the Lanham Act) to reject attempts to register trademarks that are merely descriptive, deceptively misdescriptive or likely to cause confusion with an already-registered trademark. In addition to these relatively tame bases for rejection, Section 2(a) of the Lanham Act provides that the PTO can also exercise its gatekeeper discretion to reject applications for trademarks that are “immoral” or “scandalous” or that “disparage ... persons, living or dead, institutions, beliefs, or national...
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