Legal Definitions - disparaging trademark

A disparaging trademark is a type of trademark that is considered offensive or derogatory towards a particular group of people. It is a mark that may be deemed to be insulting or disrespectful to a certain race, ethnicity, religion, or gender.

For example, the Washington Redskins football team had a trademark that was considered disparaging towards Native Americans. The trademark was eventually cancelled by the U.S. Patent and Trademark Office in 2014.

Another example is the trademark for "Slants," a band made up of Asian-American musicians. The trademark was initially denied by the U.S. Patent and Trademark Office for being disparaging towards Asians, but was later approved by the Supreme Court in 2017.

These examples illustrate how a disparaging trademark can be controversial and may be subject to legal challenges. It is important for businesses to be aware of the potential implications of using a disparaging trademark and to consider alternative options for branding their products or services.