With Law in Flux, PTO Suspends All Rulings on ‚Disparaging‘ Trademarks


Joanne Ludovici said it “could take a while” for the Patent and Trademark Office to lift its suspension on applications for “disparaging” trademarks until constitutionality litigation is resolved. The suspension creates both uncertainty and a backlog of applications, Ms. Ludovici added. “People are starting to file questionable marks like crazy – especially marks related to sex,” she noted. “They’re applying for names no one would have bothered to apply for before, because now there’s at least a 50-50 chance they’ll succeed.”