Fake Friends and False Connections
Section 2(a) of the Trademark Act, 15 U.S.C., prohibits the registration of trademarks that are immoral, deceptive, or scandalous. This section aims to maintain the integrity of the trademark registration process and protect consumers from being misled by false or offensive trademarks. The U.S. Patent and Trademark Office (USPTO) uses a variety of factors to determine if a trademark is immoral, deceptive, or scandalous, including the dictionary meaning of the term, the context in which it is used, and its impact on the public. In recent years, the Supreme Court of the United States chimed in and held that the USPTO cannot refuse trademark registration to an applicant purely because the mark is “immoral” or “scandalous.” Because really, who is the moral compass on something being offensive? Do we gauge the offensiveness by decade, by socioeconomic group, or what? Where does that line stop in the context of business? First Amendment me, please…
Section 2(a) of the Trademark Act, 15 U.S.C. §1052(a), also bars registration on both the Principal and Supplemental Register that consists of or comprises matter which, with regard to persons, institutions, beliefs, or national symbols, falsely suggests a connection with them.
TMEP §§1203.03
Section 45 of the Act, 15 U.S.C. 1127, stipulates that the word "person" and any other term used to refer to the recipient of a benefit or privilege or held liable under this Act encompasses both natural and juristic persons. The definition of "juristic person" covers entities such as corporations, unions, associations, firms, and other organizations that can initiate or defend legal actions. This section’s main goal aims to safeguard individuals and their reputations, as well as prevent unauthorized use or association with a specific person or entity without their consent.
If you need help navigating a 2(a) refusal, we are here to help. Give us a call at 1-888-752-2629 or schedule an appointment here.