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9 February 2015Trademarks

US politician introduces bill to ban ‘redskin’ trademarks

A US politician has introduced a bill that would officially declare the word ‘redskin’ offensive and make it impossible to register it as a trademark, despite there being a pending lawsuit covering similar issues.

The bill—called the Non-Disparagement of Native American Persons or Peoples in Trademark Registration Act—is specifically targeted towards National Football League (NFL) team the Washington Redskins and its use of six trademarks containing variations of the word ‘Redskins’.

House representative Mike Honda introduced the bill on Tuesday (February 3) to the House of Representatives.

The Redskins’ trademarks, registered between 1967 and 1990, were revoked by the US Patent and Trademark Office (USPTO) in June last year. But the marks are still valid while the team is defending them in court in a bid to overturn the decision.

A ‘redskin’ is a disparaging term for a Native American.

The bill was originally introduced to the House in 2013 but failed to gain approval.

Honda, a member of the Democrat Party, was a co-sponsor of the original bill. Following the election of the 114th Congress in November last year, Honda has introduced a similar version of that bill. The 114th Congress officially convened last month.

The latest bill has 26 co-sponsors, all of whom are also all members of the Democrat Party.

If approved, the bill would allow the USPTO to cancel any existing trademarks that include the term ‘redskin’ and make a formal declaration that the term is offensive to Native Americans—meaning it cannot be registered as a trademark.

Last year, the USPTO revoked several trademark registrations belonging to the Washington Redskins after a group of Native Americans opposed them.

The office’s body dealing with appeals, the Trademark Trial and Appeal Board (TTAB), deemed the registrations offensive.

The team has since asked the US District Court for the Eastern District of Virginia to reverse the PTAB’s ruling. The six trademarks remain valid for now.

Introducing the bill, Honda said: “It is unbelievable to me that, in the 21st century, a prominent NFL franchise is calling itself by a racial slur.

“Team names should not be offensive to anyone. Allowing trademark protection of this word is akin to the government approving its use. Removing that trademark will send a clear message that this name is not acceptable,” he added.

Last month, Joyce Branda, deputy assistant attorney general of the US Department of Justice, defended the PTAB’s decision by stating it backed the “ability of the USPTO to make its own judgement on these matters, based on clear authorities established by law”.

The Washington Redskins did not respond to a request for comment.

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