By: Ashley Sloat, Ph.D.
In an interesting opinion in Matal v. Tam, the USPTO will now start issuing disparaging trademarks. In my opinion, the lack of registration of a mark does not prevent someone from using the mark (i.e., does not inhibit free speech), it just means that the federal government will not allow certain protections guaranteed under trademark law for use of the mark. Looks like the Washington Redskins might be able to once more protect their brand under trademark law.
Ashley Sloat, Ph.D.
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