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Mrz 29, 2018
Gaelyn Scott, ENSafrica, Africa
This article was first published by ENSafrica (www.ENSsafrica.com) on March 6, 2018

Offensive trade marks vs free speech


Gaelyn Scott, ENSafrica, Africa, This article was first published by ENSafrica (www.ENSsafrica.com) on March 6, 2018In 2017, the landmark US decision in Matal v Tam came after the founder of an Asian-American rock group sought trade mark registration for the band’s name, The Slants. The US Patent and Trademark Office (the “USPTO”) refused the application on the basis that the trade mark was offensive. The USPTO relied on section 2(a) of US trade mark legislation, the Lanham Act, which says that it will not be lawful to register trade marks that comprise “immoral, deceptive or scandalous matter, or matter which may disparage read more