Archives: TTAB

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U.S. Supreme Court Rules Trademark Act Disparagement Clause is Unconstitutional

By John Nading, David Kramer, James Stewart, and Alberto Zacapa The Supreme Court today struck down the disparagement clause of the Lanham Act as facially invalid under the Free Speech Clause of the First Amendment, affirming the decision of the Court of Appeals of the Federal Circuit.  This outcome in Matal v. Tam is a victory … Continue Reading

VULGARITY STANDARD IN TRADEMARK REFUSALS A TOUGH NUT TO CRACK

By Tamar Duvdevani This past Monday October 29, the TTAB in a non-precedential decision allowed registration of NUT SACK DOUBLE BROWN ALE for “beer” in International Class 32.  As one might surmise, the Trademark Examining Attorney’s rationale in rejecting the application was the inclusion of immoral/scandalous matter, to wit, that the “term ‘Nut Sack’ is … Continue Reading
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