So said the TTAB in a recent non-precedential opinion. In In
re Giorgio S.R.L., Ser. No. 79/141,996 the Board affirmed the
examining attorney's refusal to register the mark:
on the ground that it is scandalous or
immoral and thus precluded from registration under Section
2(a) of the Lanham Act. The case generated three opinions. The
dissent would have held that the asterisks prevented the term from
being scandalous. The concurring judge would have agreed with the
dissent but for precedent, and thus sided with the majority, which
said the asterisks do not reduce or mask the vulgarity of the
term.
We will let you assess the term for yourself.
Section 2(a) has been in the news a great deal recently
because of the U.S. District Court for the Eastern District of
Virginia's decision affirming cancellation of marks disparaging
to Native Americans in Pro-Football, Inc. v. Blackhorse et
al., Case No. 1:14-cv-01043-GBL-IDD (E.D. Va. July 8, 2015)
(currently on appeal) and