US Patent Office Cancels Trademark For Washington Redskins

Because it is racist and offensive. Irony? Well, since the trademark is lost anyone can use the logo so it might encourage more people to print it up but the owner of the team and the NFL won't make as much money off it.

Any guesses about how long the Redskins keep their name? Forever? Until 2015? Until 2020?

Or per Dennis Miller, keep the name Redskins, but change the logo to John Boehner. :Goofy:

FredHayek wrote: Because it is racist and offensive. Irony? Well, since the trademark is lost anyone can use the logo so it might encourage more people to print it up but the owner of the team and the NFL won't make as much money off it.

Any guesses about how long the Redskins keep their name? Forever? Until 2015? Until 2020?

Or per Dennis Miller, keep the name Redskins, but change the logo to John Boehner. :Goofy:

Actually the trademark has not been "lost". The US Trademark Office does not grant or take away trademark ownership. It merely decides whether to register the trademark on the Principle or Supplemental Register. In this case, the Trademark Office decided that its earlier decision to register the trademark on the Principle Register was in error and canceled it as it did not meet the rules for registration.

I have been through the registration process a number of times for different products and services that I marketed. Trademarks are a really strange area and I will offer for what it is worth (not much) lessons learned from my experiences.
1) The US Trademark Office does not grant ownership in a trademark. The public at large actually decides the ownership of a trademark. The Trademark Office only registers deserving trademarks. Registration gives important benefits but are not legally required to have a valid trademark. Registration gives such benefits as presumption of ownership, exclusivity, etc. and the right to have Customs seize knock offs at the borders. Since the Redskins trademark is famous and in use for decades, Dan Snyder really only the use of the circle R symbol and right to stop knock offs at the border. He still can sue infringers in federal court under common law, he can stop others from using the trademark for the same or similar uses as he is using it for.
2) The ownership of a trademark is decided by the first to use the trademark in public commerce for a particular product or service under common law. (one exception is the intent to use application process at the US Trademark Office which allows one to 'reserve the trademark for a limited time in preparation to launching a product or service) However this ownership is limited in most instances for the particular products or services and within the region that is marketed. Since most entities market nationally through the internet, this is not as big an issue as previously. Registration in the US Trademark Office provides ownership over the entire jurisdiction of the US. Otherwise you could have other users in other areas of the country where you do not market have the legal right to continue to use it even if you were the first.
3) Registration is beneficial and useful but not required. The cost ranges from $200 - $400 if you do it yourself to several thousand if you use an attorney. Common law is free, just use the TM symbol next to your trademark.
4) Search prior uses of the trademark before you adopt it. Too many times, entities will come up with the "perfect" trademark, spend thousands or tens of thousands in promoting it, then the dreaded "cease and desist" letter comes. At the very least, search the US Trademark Office database (the "Register") and several search engines for similar trademarks for comparable products or services.

In this case, the US Trademark cancellation will have little effect except to raise public awareness. The only way, in my opinion, is for the Commissioner and a majority of the owners to pressure Snyder to make the change, players to boycott (probably not going to happen since most players have limited opportunities to play in the NFL) or the public outrage to finally wear down Snyder.

US Patent Office Cancels Trademark for "Made in USA" after being pressured by importers that are offended by the racist term.

Asking this question in EARNEST.....why can't the sovereign Indian Nation take a percentage of
all sales merchandise/ticket revenue and PROFIT from the name...looks like a WIN/WIN to me....
Indians receive $$$$$ (rez living is pretty much poverty level) and the team is allowed to maintain
the name that they started with....WHERES the down side??? JMO

Florida State pays the Seminole tribe every year to use their name. Maybe Dan Snyder could give five million every year to the Native American College fund?

homeagain wrote: Asking this question in EARNEST.....why can't the sovereign Indian Nation take a percentage of
all sales merchandise/ticket revenue and PROFIT from the name...looks like a WIN/WIN to me....
Indians receive $$$$$ (rez living is pretty much poverty level) and the team is allowed to maintain
the name that they started with....WHERES the down side??? JMO

Because their sensibilities have been offended. If their firmly held beliefs can be purchased, what does that say about their convictions?

I hope your beliefs can't be easily bought.

Indian Casinos...gambling and drinking...seems to be a DISCONNECT here....this is how I view it,the government "royally screwed" the American Indian many,many moons ago (rez living is
sure opulent isn't it)...MY view is this...IF you "use" the system and don't allow the system
use you, YOU are in control...case in point...college co-eds stripping to pay for the HIGHP RICE
of a masters degree (or any other degree), IF you have the eye on the prize and KNOW your
worth (self worth) and you set the goal and achieve that goal then YOU have doubled your
efforts. Meaning DEBT FREE and FREE to pursue your chosen vocation.

The Indian has been used,abused and literally thrown away....the white man does that with
MOST things in life.

MONEY takes you out of poverty and allows you (collectively) to help others out of poverty.
A percentage of sales would aid in that endeavor.

Just for the record..I am an AVID consumer of "The SouthWestern Indian Foundation" catalog
and I SEE the on going need that is present......my purchase, small or large,at least has a
MEANING behind it and DOUBLES in it's value....beautiful and useful items that i enjoy AND
$$$$ that goes DIRECTLY to their needs.

For a catalog call 800-504-2723....The most BASIC thing, such as a STOVE to heat the "house"
in the winter is a LUXURY....55 gal barrels are pretty common on the rez (or facsimile of same)
SouthWest Indian Foundation created a "Stove Project" and have crews working year round
to install wood/coal stoves so that the cold winters in the SouthWest (around Gallup N.M.)
WON'T be so cold....$$$$$ allows that "luxury".

It is true Native Americans have been on the short end of the stick for centuries but now part Indians are being excluded from tribes based on percentage of ancestry. Not pure enough for them?

FredHayek wrote: It is true Native Americans have been on the short end of the stick for centuries but now part Indians are being excluded from tribes based on percentage of ancestry. Not pure enough for them?

I offer up all those that call themselves African Americans. Name one that truly is African American, yet we accept their assertions. Percentages meh.

"Oklahoma" means "Red people" in the Choctaw language. When are they gonna rename the state?