US Patent and Trademark Office

On June 24, 2019, the U.S. Supreme Court rejected the prohibition against registering immoral or scandalous trademarks, holding that the ban against such trademarks violates the First Amendment by discriminating on the basis of viewpoint. In a 6-3 vote, the Justices, in an opinion written by Justice Kagan, explained their decision to invalidate the Lanham Act’s prohibitions on registrations that “[c]onsist of or comprise immoral … scandalous matter” (15 U.S.C. § 1052(a)), stating that “[t]he government may not discriminate against speech based on the ideas or opinions it conveys.”
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