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Federal Circuit Holds Scandalous or Immoral Marks Entitled to Registration
On Dec. 15, 2017, a unanimous Court of Appeals for the Federal Circuit held that despite Appellant's mark comprising “immoral or scandalous” matter under 15 U.S.C. 1052(a) (Section 2(a)), the U.S. Patent and Trademark Office (PTO) could no longer refuse federal registration of such marks on the grounds that this refusal violated the free speech clause of the First Amendment of the U.S. Constitution. See, In Re: Erik Brunetti, 15-1109.
Background of Immoral or Scandalous Marks
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