![](https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjOuKbZaPNGSqwHZ3ScbvQzWbQ_hN_G4d1jABozHWOexZ6GmBF9rZgAXhHTNrksJ-u5sQjOxJYj725jtVhtwHSXY-5x80LUyvkjS_uTEQoMLZcbILyetnNWsxgy9S2HMp4SVHRw/s320/Ted+Davis.jpg)
Mr. Davis observes that "[c]ontent neutrality is ... as important to the right to petition as it is to other rights guaranteed by the First Amendment." The Government can violate the Petition Clause even if it has not suppressed speech in violation of the Free Speech Clause.
[I]n light of the disadvantages visited upon mark owners denied registration under Section 2(a)’s content-based prohibitions, the Amendment’s Petition Clause merits attention in litigation challenging the prohibitions’ constitutionality, even if that attention has not been forthcoming to date.
Read comments and post your comment here.
TTABlog comment: Again I thank The Trademark Reporter for granting permission to provide a link to this article, which is Copyright © 2015 the International Trademark Association and is reprinted with permission from The Trademark Reporter®, 105 TMR 852 (July-August 2015).
Text Copyright John L. Welch 2015.
I own a descriptive mark. I can't get a registration. Does this content-based prohibition impair my right to petition?
ReplyDelete