Yeah, oh brother!
No more redskin peanuts? No redskin potatoes?
I have contempt for our government.
Faux scandals, all of them.
I guess they could change the name to RASH HOG RINDS.
Who asked for your worthless opinion?
I foresee the beginning of a cottage industry.
The US Trademark office is the Ministry of Truth I guess.
...they became the 'noles all night long.
How about calling them Mohammedan Hog Rinds?
No one would object to that, right?
Shoot, I’d buy several bags and I don’t even like Mohammedans or Hog Rinds.
On a related note, I have been called a "cracker" more than one in my lifetime. That hurts, it really does.
I therefore request (demand, actually) that the U.S. Patent and Trademark Office revoke the trademark of any product containing the word "cracker."
Bump
Is there any precedent for this agency to interfere with private business like this?
How about “ThinSkins”? X~o
That’s the least of the skins’ problems...
Here is the rejection. An attorney can do just fine arguing back, and they can potentially overcome it if they can show that there are many registrations of words that are objectionable to some.
REFUSAL TO REGISTER – DISPARAGING MARK
Registration is refused because the applied-for mark REDSKINS HOG RINDS consists of or includes matter which may disparage or bring into contempt or disrepute persons, institutions, beliefs, or national symbols. Trademark Act Section 2(a), 15 U.S.C. §1052(a); see In re Tam, 108 USPQ2d 1305, 1309 (TTAB 2013); In re Lebanese Arak Corp., 94 USPQ2d 1215, 1217 (TTAB 2010); TMEP §§1203.03, 1203.03(b).
The following two factors are considered when determining whether matter may be disparaging under Trademark Act Section 2(a):
(1) What is the likely meaning of the matter in question, taking into account not only dictionary definitions, but also the relationship of the matter to the other elements in the mark, the nature of the goods and/or services, and the manner in which the mark is used in the marketplace in connection with the goods and/or services
(2) If that meaning is found to refer to identifiable persons, institutions, beliefs, or national symbols, whether that meaning may be disparaging to a substantial composite of the referenced group
In re Tam, 108 USPQ2d at 1309; In re Lebanese Arak Corp., 94 USPQ2d at 1217; In re Heeb Media LLC, 89 USPQ2d 1071, 1074 (TTAB 2008); TMEP §1203.03(b)(i).
“REDSKIN” is defined as follows:
“Offensive Slang Used as a disparaging term for a Native American” (see attached evidence from http://education.yahoo.com/reference/dictionary/entry/redskin captured 12/29/13);
“an old-fashioned informal name, now considered taboo, for a Native American” (see attached evidence from http://www.collinsdictionary.com/dictionary/english/redskin captured 12/29/13);
“(slang) offensive term for Native Americans” (see attached evidence from https://www.vocabulary.com/dictionary/Redskin captured 12/29/13);
“dated offensive an American Indian” (see attached evidence from http://www.oxforddictionaries.com/us/definition/american_english/redskin?q=redskin captured 12/29/13);
“Slang (often disparaging and offensive) a North American Indian” (see attached evidence from http://dictionary.infoplease.com/redskin captured 12/29/13).
As evidence that American Indians find the term “REDSKINS” offensive, see the attached news article, “NCAI Report: Redskins Name Has ‘Ugly and Racist Legacy’” (Indian Country Today online, October 11, 2013) located at http://indiancountrytodaymedianetwork.com/2013/10/11/ncai-report-redskins-name-has-ugly-and-racist-legacy-151714 (captured 12/29/13). In fact, the National Congress of American Indians (NCAI) now uses the designations “R*dskins” and “R Word” when referring to “REDSKINS” sports teams mascots (see, e.g., attachment from http://www.ncai.org/resources/ncai_publications/ending-the-legacy-of-racism-in-sports-the-era-of-harmful-indian-sports-mascots) captured 12/29/13.
As additional evidence that American Indians find the term “REDSKINS” offensive, see the attached article, “Oneida Indian Nation pressures NFL’s Redskins to change name” (MSNBC, September 9, 2013)) located at http://www.msnbc.com/martin-bashir/oneida-indian-nation-pressures-nfls-redskins (captured 12/29/13). See also the attached article, “Native American Activists Want Supreme Court to Hear Redskins Case” (Washington Post, September 16, 2009) located at http://www.washingtonpost.com/wp-dyn/content/article/2009/09/15/AR2009091500973.html (captured 12/29/13), which states that “Native American activists are trying to get the Supreme Court involved in its long-running dispute with the Washington Redskins about whether the team’s name is so offensive that it does not deserve trademark protection.”
Given that “REDSKINS” in the mark is a derogatory slang term that refers to, and is considered offensive by, American Indians, registration of the applied-for mark must be refused under Section 2(a) of the Trademark Act.
Although applicant’s mark has been refused registration, applicant may respond to the refusal by submitting evidence and arguments in support of registration.
Here’s all the precedent for the fact that “Redskins” is registrable (forgive junky formatting):
Serial Number Reg. Number Word Mark Check Status Live/Dead
1 86052159 REDSKINS HOG RINDS TSDR LIVE
2 86092137 WASHINGTON REDSKIN POTATOES TSDR LIVE
3 78642896 3090334 R TSDR LIVE
4 78026545 12TH REDSKIN TSDR LIVE
5 77782601 3792438 ALL NATURAL MY DADZ NUTZ CARMELIZED JUMBO REDSKINS WWW.MYDADZNUTZ.COM CRUNCHY! 10OZ (280G) BIG FRENCHY TSDR LIVE
6 76228476 WASHINGTON REDSKINS CHEERLEADERS TSDR LIVE
7 75771166 REDSKINS BROADCAST NETWORK R TSDR LIVE
8 75266100 2183639 REDSKIN TSDR LIVE
9 74494169 BOSTON REDSKINS TSDR LIVE
10 74300713 WASHINGTON REDSKINS TSDR LIVE
11 73829272 1606810 REDSKINETTES TSDR LIVE
12 73107873 1085092 REDSKINS TSDR LIVE
13 73779576 1576665 SIMPLOT REDSKIN POTATOES TSDR LIVE
14 72435244 0987127 THE REDSKINS TSDR LIVE
15 72435243 0978824 WASHINGTON REDSKINS TSDR LIVE
16 72435127 0986668 WASHINGTON REDSKINS TSDR LIVE
17 72250227 0836122 THE REDSKINS TSDR LIVE