The U.S. Court of Appeals for the Federal Circuit will not force the U.S. Patent and Trademark Office to publish the trademark application filed by Simon Tam, founder of the Asian-American rock band The Slants, despite its December ruling that the PTO violated Tam’s First Amendment rights by refusing the application on the grounds that it was disparaging.
Earlier this month, Tam filed a mandamus petition arguing that the PTO should be compelled to publish the trademark application, a move that would demonstrate The Slants have overcome PTO objections and pave the way for official allowance of the trademark by the PTO. But a three-judge panel denied the mandamus petition in a short order issued on Wednesday, holding that the circumstance didn’t merit mandamus relief.
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