The Trademark Trial and Appeal Board (TTAB) is responsible for determining whether trademarks disparage Native Americans. When making this determination, the TTAB takes into account a number of factors, including:

• The meaning of the mark to Native Americans
• The context in which the mark is used
• The intent of the trademark owner
• The likely impact of the mark on Native Americans

There is no single standard for measuring disparagement. The TTAB considers the views of the American public, Native Americans, and other relevant groups.

The use of Native American imagery in trademarks is a complex issue with no easy answers. There are competing interests at stake, including the cultural sensitivities of Native Americans and the rights of free speech. In recent years, there has been a growing movement to cancel trademarks that disparage Native Americans. Some argue that these trademarks are harmful and offensive, while others argue that they are a form of free speech. The TTAB has a difficult task of balancing these competing interests.

In some cases, the TTAB has found that trademarks disparage Native Americans. For example, in 2014, the TTAB cancelled the trademark “Redskins” on the grounds that it was disparaging to Native Americans. The team appealed the decision, and the case is currently before the U.S. Court of Appeals for the Federal Circuit.

In other cases, the TTAB has found that trademarks do not disparage Native Americans. For example, in 2017, the TTAB upheld the trademark “Atlanta Braves.” The team had argued that the name was not disparaging because it honored the courage and skill of Native American warriors.

Whether or not a Native American tribe has given its permission to use a name is one of the factors that the TTAB considers. However, it is not the only factor. The TTAB must also consider the other factors listed above.

There is no easy answer to the question of how companies and the law should balance cultural sensibilities and rights of free speech. This is a complex issue with no easy answers. The TTAB must weigh the competing interests on a case-by-case basis.