LAUREN EMERSON QUOTED IN WTR ARTICLE ON REGISTRABILITY OF RELIGIOUS TRADEMARKS

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Posted on 9 January 2020

Lauren Emerson was quoted in an article about the registrability of religious marks in a study of four major jurisdictions published by World Trademark Review.  See https://www.worldtrademarkreview.com/brand-management/risk-factor-religious-marks-study-four-major-jurisdictions (subscription). The article discussed how marks may be refused registration based upon religious content in countries such as India and China. Lauren stated that US law does not consider religious symbols and names problematic as such. However, she noted that, in practice, applicants may run into difficulties should the USPTO deem the mark as descriptive or merely informational. In that case, she advised that “applicants may be required to disclaim the religious elements apart from the overall mark, or to register the mark on the Supplemental Register if it contains no distinctive matter.”