The examining attorney because the mark consists of or compromises immoral and scandalous matter. Trademark Act Section 2(a), 15 U.S.C. 1052(a). See In re McGinley, 660 F.2d 481,211 USPQ 668 (C.C.P.A. 1981); TMEP 1203.01
To be considered "scandalous," a mark must be "shocking to the sense of truth, decency or propriety; disgraceful; offensive; disreputable;... giving offense to the conscience or moral feelings;... [or] calling out for condemvation in the context of the marketplace as applied to the goods and services described in the application.
We can thank talk radio and Fox News for creating the racist Obama Bin Laden meme. Let's not forget CNN for running this image.
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