This is an appeal by the Petitioner, the United States Patent and Trademark Office, from a decision of the United States Court of Appeals for the federal circuit (Moore, J.,) dated December 22, 2015 vacating and remanding the decision of the United States Trademark Trial and Appeal Board, In re Tam, 108 U.S.P.W.2d 1305, No. 85472044, 2013 WL 5498164 (T.T.A.B. 2013).
Respondent is a member of the rock band “The Slants.” He sought to federally register the mark THE SLANTS in connection with live performances by the band. The PTO refused to register the mark on the grounds that it is disparaging to persons of Asian descent, explaining that the term “slants” had a “long history of being used to deride and mock a physical feature” of Asian people.
Respondent is a member of the rock band “The Slants.” He sought to federally register the mark THE SLANTS in connection with live performances by the band. The PTO refused to register the mark on the grounds that it is disparaging to persons of Asian descent, explaining that the term “slants” had a “long history of being used to deride and mock a physical feature” of Asian people.