Geller v. Patent and Trademark Office

Issue: (1) Whether the United States Patent and Trademark Office may refuse a trademark registration for a mark because the Office understands the mark to be disparaging in violation of § 2(a) of the Trademark Act based upon the Office’s interpretation of the viewpoint of the trademark applicant’s political speech related tangentially to the subject of the mark; and (2) whether the court of appeals erred by utilizing a standard of review for the “ultimate registrability” of petitioners’ mark that (a) conflicts with the standard utilized by the majority of circuits that have addressed this issue, and (b) is both illogical in theory and muddled in practice.