Also known as: trademark registrations · trademark registering · trade mark registration · TM registration
Written by attorneys · grounded in primary & secondary sources — see below
A federal administrative process that remains subject to First Amendment constraints barring denial of registration on the basis of the applicant's viewpoint.
PulseLine applied to register the title of its commentary program that used a harsh epithet toward a religious group. The examiner denied registration under the disparagement bar. The court held that the denial could not stand because the mark constituted private expression and the bar singled out disfavored viewpoints.
Erik Brunetti sought registration for the name of his clothing line that used a vulgar term. The examiner refused on immorality grounds. The court invalidated the refusal because the statutory bar operated as viewpoint discrimination against private commercial speech.
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Qualitex used a distinctive green-gold color on its dry-cleaning pads and sought federal registration. A competitor challenged the mark on viewpoint grounds. The court held that denial could not stand because the mark constituted private expression and the bar singled out disfavored viewpoints.
Simon Tam applied to register the name of his Asian-American rock band that used a term historically derogatory toward persons of Asian descent. The examiner denied registration on disparagement grounds. The court struck down the denial as unconstitutional viewpoint discrimination against private speech.
A firm sought federal registration for a mark used only in local sales within one state. The examiner denied registration on viewpoint grounds tied to the mark's content. The court held that the denial could not stand because the mark constituted private expression and the bar singled out disfavored viewpoints.
Trademark registration confers substantial legal benefits such as nationwide priority and federal enforcement rights. Because the underlying expression remains private speech, the government may not condition those benefits on the applicant's viewpoint.
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No. The asserted interests in preventing offense or maintaining a courteous registry are not compelling, and a blanket prohibition on all disparaging marks is not narrowly tailored to any legitimate objective.
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Trademarks are private speech. The government's maintenance of a registration system and issuance of certificates does not convert the applicant's chosen mark into an official government message.
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Color alone qualifies for registration when it identifies the source of goods or services and performs no other significant function in the marketplace.
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…State); Trade-Mark Cases , 100 U. S. 82 (1879) (Congress cannot regulate internal commerce and thus may not establish national trademark registration). In United States v. E. C. Knight Co. , 156 U. S. 1 (1895), this Court held that mere attempts to monopolize the manufacture of sugar could not be regulated pursuant to the Commerce…