Asian-American rock band The . Slants , who say they chose their name as a way to reclaim a term . usually considered a racial slur , can not trademark the name . because it is disparaging , a U.S. appeals court ruled on Monday . The decision by the U.S. Court of Appeals for the Federal . Circuit rejected the band 's argument that the government 's . refusal to grant a trademark violated its free speech rights . The ruling could have implications for the high-profile . fight over whether the National Football League 's Washington . Redskins should lose its trademarks . The Slants , who say they chose their name as a way to reclaim a term usually considered a racial slur , can not trademark the name because it is disparaging , a U.S. appeals court has ruled . The Portland , Oregon-based band , which plays a kind of . grunge music it calls Chinatown Dance Rock , applied for . trademarks in 2010 and 2011 , and was rejected both times on the . grounds the name disparaged Asians . The band appealed . Its lawyer , Ronald Coleman , argued that . the name was a healthy reappropriation of a term usually . considered a slur , much like the lesbian motorcycle club Dykes . on Bikes , which did get a trademark . The band argued that in acting as a 'referee of political . correctness , ' the U.S. Patent and Trademark Office violated the . First Amendment . The three-judge panel of the Federal Circuit said there was . evidence the term is offensive to people of Asian descent . It . said that there was no free speech violation since a refusal to . federally register a trademark does not prevent the applicant . from still using it . The Portland , Oregon-based band , which plays a kind ofgrunge music it calls Chinatown Dance Rock , applied fortrademarks in 2010 and 2011 , and was rejected both times on thegrounds the name disparaged Asians . Despite upholding the rejection of The Slants trademark , . U.S . Circuit Judge Kimberly Moore said in a separate , . non-binding opinion that it might be time to revisit the federal . trademark law 's disparagement provisions , which she said . probably would not hold up under current free speech laws . The . U.S. Supreme Court has said that even though some speech may be . offensive , that 'does not justify its suppression , ' she said . The case has parallels to the Washington Redskins ' lawsuit . against five Native Americans who successfully convinced the PTO . in June to cancel the NFL team 's trademarks because that name . disparages Native Americans . The team is appealing the . cancellation , saying the disparagement provision violates the . First Amendment . Coleman called Monday 's opinion 'unnecessarily politicized ' and said the band would likely seek review of the decision by . the full Federal Circuit court . The USPTO declined to comment . The decision by the U.S. Court of Appeals for the FederalCircuit rejected the band 's argument that the government 's refusal to grant a trademark violated its free speech rights .
The federal Court of appeals has rejected the band 's argument that the government 's refusal to grant a trademark violated free speech rights . The band say they chose their name as a trademark to reclaim the disparaging term . Ruling lawsuits have argued for whether the National Defense League 's Washington Redskins should lose its trademarks .