Legal Definitions - disparaging mark

A disparaging mark refers to a trademark that is considered offensive or brings contempt, ridicule, or disrepute to persons, institutions, beliefs, or national symbols. Historically, under U.S. trademark law, the U.S. Patent and Trademark Office (USPTO) could refuse to register such marks. However, recent Supreme Court decisions have largely invalidated these provisions, ruling that refusing registration solely on the basis of a mark being disparaging violates the First Amendment's guarantee of free speech. Despite this change in registration policy, the term still describes marks that are widely perceived as offensive or demeaning.

Here are some examples to illustrate the concept of a disparaging mark:

• Imagine a clothing brand that attempts to register the name "The [Derogatory Term for a Specific Ethnic Group] Collection."

  This mark would be considered disparaging because it uses a derogatory term historically used to demean a particular ethnic group. It brings contempt and ridicule upon members of that group due to its offensive nature and historical context.

• Consider a satirical magazine seeking to register a logo featuring a widely revered religious figure depicted in a highly disrespectful and mocking manner, accompanied by the title "Blasphemy Monthly."

  This mark could be deemed disparaging by adherents of that religion, as it uses a sacred image and concept in a way that many would perceive as ridiculing or disrespectful to their deeply held beliefs and institutions.

• Suppose a company tries to register a brand of novelty toys called "Cripple Critters," which depicts cartoon animals with exaggerated physical disabilities.

  This mark would be considered disparaging because it uses a term often viewed as offensive to people with disabilities and portrays them in a potentially demeaning or ridiculing manner, thereby bringing disrepute to that community.