The I.P. Vulnerable Pacific Island Rockers "The Slants."

The band is The Slants. They are Asian rockers from Portland, Oregon that sounds like Depeche Mode and the U.S. Patent and Trademark Office has denied their application to register their name for Federal Trademark protection. That’s rough. According to Section 1203.1 of the Trademark Examiners Manual if your mark is “Scandalous” or “may disparage” it can be denied on those terms. This kind of subjective judgment of what’s offensive to who never works as intended in the real world. Evidently these Asians like to be called “slants.” Some gays like to be called “queers.” Punks call themselves punks, what does that mean to old timers? A prison boy toy, or something like that. And what about the Washington Redskins?

My trademark in the name Vandals was offensive to a the Honorable Ross Klein in Los Angeles Superior Court the other day when I appeared before him. He told me _...@vandals.com was not a suitable email address for an attorney. He said it was just as bad as _...@hooligans.com. Don’t tell him about the Sweet And Tender Hooligans. I also have a trademark in the name Chi-Com, International. Those lazy trade mark examiners didn’t do their homework that day. Chi-Com is a disparaging term for communists working for the Chinese during the Cold War.

Should the Trademark Office have this standard? Yes, probably. If you want to be edgy, it perhaps should cost you a bit. You either don’t get the Federal protection Trademark Registration provides, or you pay more for an attorney like me to appeal your denial. And if it’s really offensive, grow up. Do you agree, or have I just become a crotchety old man?  Reed more about the case here.