Legal Definitions - disparaging trademark

A disparaging trademark refers to a brand name, logo, or slogan that is widely considered offensive, scandalous, or brings contempt or disrepute to a person, group, institution, belief, or national symbol. Historically, trademark offices often refused to register such marks, believing they could harm public order or morality. While legal interpretations regarding the registrability of such marks have evolved, the term itself describes a mark that is perceived as insulting, demeaning, or highly objectionable by a significant portion of the public.

Here are some examples to illustrate the concept:

• Imagine a new line of snack foods attempting to register a brand name like "The Morons' Munchies" for its potato chips. This name would likely be considered disparaging because it uses a derogatory term to describe potential consumers or the product itself, implying a lack of intelligence and potentially causing offense to many.

• Consider a clothing company that tries to trademark a logo depicting a well-known national monument, but with the monument drawn in a highly disrespectful or defaced manner. This logo would be disparaging because it demeans a symbol of national pride and heritage, potentially causing widespread offense to citizens.

• Suppose a new band seeks to trademark its name, "The Lepers' Lullabies," for its music and merchandise. This name would be disparaging as it uses a term associated with a serious and often stigmatized medical condition in a way that could be perceived as mocking or insensitive to those affected by similar illnesses, or to historical suffering.