Federal Circuit Wrong to Allow ‘Trump Too Small’ Mark, PTO Says

The Federal Circuit’s decision finding that the First Amendment blocks a trademark tribunal from refusing registrations incorporating an individual’s name or likeness goes against Supreme Court precedent and needs to be reconsidered, the government said.

The U.S. Patent and Trademark Office petitioned the U.S. Court of Appeals for the Federal Circuit Monday for a panel or full rehearing of the case. The PTO said the three-judge panel incorrectly ruled that a provision in the Lanham Act improperly impinges on free speech, and that the Trademark Trial and Appeal Board can’t refuse to register the mark “Trump Too Small” on the ...