Cancellation No. 92046185 2 trademarks consisting in whole or in part of the term REDSKINS for professional football-related services on the ground that the registrations were obtained contrary to Section 2(a), 15 U.S.C. § 1052(a), which prohibits registration of marks that may disparage persons or bring them into contempt or disrepute. In its answer, defendant, Pro-Football, Inc., asserted various affirmative defenses including laches.
As explained below, we decide, based on the evidence properly before us, that these registrations must be cancelled because they were disparaging to Native Americans at the respective times they were registered, in violation of Section 2(a) of the Trademark Act of 1946, 15 U.S.C. § 1052(a). This decision concerns only the statutory right to
under Section 2(a). We lack statutory authority to issue rulings concerning the right to
In re Franklin Press, Inc.
, 597 F.2d 270, 201 USPQ 662, 664 (CCPA 1979). The Registrations at Issue The following six registrations (hereinafter referred to collectively as the REDSKINS marks) are the subject of this cancellation proceeding: 1. Registration No. 0836122 for the mark THE REDSKINS (stylized), shown below, for “entertainment services – namely, football exhibitions rendered in stadia and through the media of radio and television broadcasts,” in Class 41;
The Board struck the other affirmative defenses, which primarily concern Constitutional challenges and they are preserved for appeal.
Registered September 26, 1967; second renewal.