Download Full Text (799 KB)
This chapter provides an overview of the public policy limitations on trademark subject matter under U.S. law. This is an area of law that had been fairly stable until recently. The U.S. Supreme Court’s 2017 decision striking down the prohibition on registering disparaging marks and its 2019 decision striking down the prohibition on registering immoral and scandalous marks may prompt a larger reexamination of the policy justifications for denying trademark registration.
Cambridge Handbook on International and Comparative Trademark Law
trademark law, First Amendment law, trademark registration, content regulation, public policy, disparaging marks, immoral and scandalous marks
First Amendment | Intellectual Property Law | Law
Farley, Christine, "Public Policy Limitations on Trademark Subject Matter: A U.S. Perspective" (2019). Contributions to Books. 100.