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TTAB Reverses 2(a) Scandalousness Refusal of "BIG EFFIN GARAGE" for Music Website

Although the evidence of record supported a finding that ?effin? and ?f?n? are used as substitutes for the offensive term ?fucking,? the evidence also indicated that these derivative terms are utilized as a substitute for "fucking" precisely because they are less offensive. Giving the Applicant the benefit of the doubt, as it must, the Board ruled that the Examining Attorney failed to prove that the terms "EFFIN" and "F'N" are scandalous. Consequently, it reversed a Section 2(a) refusal of BIG EFFIN GARAGE and BIG F'N GARAGE for various music website services. In re Big Effin Garage, LLC, Serial Nos. 77595225 and 77595240 (November 23, 2010) [not precedential].The Board observed that, to prove the words ?effin? and ?f?n? are scandalous or immoral, the Examining Attorney must demonstrate that the terms are vulgar...continue to full post

Full post as published by The TTABlog on December 06, 2010 (boomark / email).