Is the prohibition on disparaging marks unconstitutional?

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Is the prohibition on disparaging marks unconstitutional?

April 22 2015

The Federal Circuit affirmed the USPTO’s rejection of an application for the The Slants mark on the grounds that the term was disparaging to Asians. After drafting the court’s opinion, Judge Kimberly Moore penned an “additional views” section questioning the constitutionality of Section 2(a) of the Lanham Act

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