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20 March 2014Trademarks

Second ‘Redskin’ trademark bid rejected

The US Patent and Trademark Office (USPTO) has rejected another bid to trademark ‘Redskin’, casting further doubt on an American football team’s chances of protecting the word.

The application, for ‘Washington Redskins Potatoes’, was rejected after it was deemed a “disparaging” term.

“Redskin” is a slang word used as a derogatory term for a Native American.

It is the second time in three months that the USPTO has rejected an application containing the word.

The latest decision comes as the office’s Trademark Trial and Appeal Board (TTAB) is considering whether the Washington Redskins professional football team should be able to keep its trademark for its name, following a lawsuit brought against it by a group of Native Americans.

If ‘Washington Redskins’ is deemed offensive, and the trademark is revoked, the club could lose out on valuable merchandising deals.

In the latest ruling, on March 17, the USPTO listed several dictionary definitions describing "redskin" as a disparaging term.

It added that, as the application was not related to potatoes, it created further controversy.

“Although the use of ‘redskins’ with potatoes may often have a different connotation, in the context of applicant’s mark … the connotation is disparaging,” the USPTO said.

In January, an attempt to register ‘Redskin Hog Rinds’ as a trademark for pork rind was deemed a derogatory term and was rejected.

Despite criticism of its ‘Washington Redskins’ trademark, the football team has remained adamant it should not be forced to change its name.

In a letter to supporters in October 2013, owner Daniel Snyder wrote: “The name was never a label. It was, and continues to be, a badge of honour.

"It is a symbol of everything we stand for: strength, courage, pride, and respect – the same values we know guide Native Americans and which are embedded throughout their rich history as the original Americans."

The TTAB heard arguments in that case in March last year.

There is no timetable for a ruling, though a decision is expected soon.

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