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TTAB Affirms PTO's Latest Section 2(a) Scandalous Refusal

In a 27-page decision, the Board affirmed a Section 2(a) refusal to register the mark PUSSY NATURAL ENERGY in the design form shown immediately below for various beverages, including energy drinks, finding the mark to be scandalous. The Board concluded that the mark "is offensive when viewed in the context of the goods identified in the application from the standpoint of a substantial composite of the general public according to contemporary attitudes." In re Shearer, Serial No. 78690531 (May 14, 2009) [not precedential].Applicant argued that the word "pussy" has multiple meanings, that nothing in the mark or in the packaging for the product suggests a vulgar meaning, and that the PTO did not establish how the mark would be perceived as scandalous in the marketplace...continue to full post

Full post as published by The TTABlog on May 18, 2009 (boomark / email).