Skip to main content

Trademark News: The "Redskins" ® Trademark Debate Continues…

It was announced yesterday that the debate over the "disparaging" terminology, "Redskins" ®, has not ceased. You may recall the famous 1992 petition to cancel the "Redskins" ® registrations that were headed by Suzan Shown Harjo, a "poet, writer, lecturer, curator and policy advocate."

This is one trademark debate that I have strong, personal opinions about and I'm personally rooting for the six young American Indian people as well as the American Indian community as a whole. And here's why:

1) The term and anything similar to it is "disparaging." The root of the word is from the Middle English word, disparagen, which means to degrade. Racial slurs by their very nature degrade.

2) Based on the USPTO's description, it appears that these marks should not stand.

3) The degradation of any person or community really should not be acceptable in any sense, and this includes commercial endeavors. And it's up to all of us to ensure that.

This is not a matter of "political correctness" going overboard as one is wont to hear when this debate arises; it is a matter of right and wrong.

Again, this is just my own personal opinion and I'm not a lawyer so the debate will be decided by those "in the know."


Popular posts from this blog

Trademark 101: State Trademark or Federal Trademark?

Now that you know what a trademark is, what a trademark isn’t, and that you should get a trademark, let’s explore if a State trademark or Federal trademark is most appropriate for your needs.
For the USA, trademarks can be obtained either at the State level or the Federal level. So, which do you need? I’ll explain both and that’ll give you a clearer picture as where to go from here.
First and foremost, a State trademark gives you trademark protection for that specific state whereas a Federal trademark gives you trademark protection nationwide. Simple enough, yes? But, which is the right trademark for your needs?
1)Are you actively in business? 2)Are you only doing business in one city or county or just statewide?
If you answered yes to both, then exploring a State trademark is your next step. Here are some advantages to a State trademark:
·The right to expand statewide. The name will be waiting for you in other metros. ·If another mark is infringing upon yours within the state, you’ll have a…

Beware of Official-y Correspondence

Once you get that trademark filed be aware that your information is of public record, which means, unfortunately, some will mine that resource & some of those folks will send you solicitations. 
These solicitations often look very official, and "may use names that resemble the USPTO name, including, for example, one or more of the terms "United States," “U.S.,” "Trademark," "Patent," "Registration," "Office," or "Agency."  
Some will even have documents that resemble actual government documents rather than what you'd expect a company to send and this is often done by "emphasizing official government data like the USPTO application serial number, the registration number, the International Class(es), filing dates, and other information that is publicly available from USPTO records."
Most of these are asking you for money. That's your major warning flag.
"All official correspondence will be from the …

$50 Discount: Ends Wednesday, July 20th - Mention the Blog When Ordering

$50 DISCOUNT! Exclusively for you Comprehensive Research & Analysis: Federal/State Trademark & Common-Law Federal Trademark Application Order by Wednesday, July 20! 800-776-0530

So, you finally settled on the perfect name for your product or service – that's fantastic! Finding just the right name is vitally important to the success of any product line or service.
Or, perhaps, we've already searched & filed a trademark for you. If it's been a couple of years, have you had protective research conducted? Do you have a logo or a slogan or a new product/service name?
Regardless if you're new to the world of trademarks or have already gone 'round once, let's walk through a quick primer. Protecting your brand is a vital part of your overall business plan.
Trademark Step-by-Step Primer
1) Is it required that I register my trademark?
No, not at all. However, registering your trademark, specifically your Federal trademark, does provide you with several advantages:
* Pu…