On April 20, 2015, the Federal Circuit affirmed the TTAB’s section 2(a) refusal to register the mark THE SLANTS. Applicant Simon Shiao Tam is the “front man” of a Asian-American dance band called The Slants. Following the PTO’s refusal to register an earlier application for the identical mark on the ground that the mark THE SLANTS it is disparaging to persons of Asian descent, Tam filed a second application covering nearly the identical services. The examining attorney again found the mark THE SLANTS to be disparaging, citing materials gathered in response to the PTO’s refusal of the earlier application. In response to Tam’s appeal to the final refusal, the TTAB ruled that it was “abundantly clear” from the evidence, namely, Asian-inspired imagery on the band’s website, and a statement from Tam that he intended the band’s name to “own” an Asian stereotype, that THE SLANTS mark would be perceived as referring to persons of Asian descent.
