Lanham Act Provision Prohibiting Federal Trademark Registration for Disparaging Marks is Unconstitutional: Federal Circuit | Practical Law
In In re Tam, the US Court of Appeals for the Federal Circuit, sitting en banc, vacated the Trademark Trial and Appeal Board’s (TTAB) refusal to register the mark THE SLANTS under Section 2(a) of the Lanham Act, and remanded the case to the TTAB for further proceedings, holding that the provision was an unconstitutional violation of the First Amendment.