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TTAB Affirms Two More Section 2(a) Scandalous Refusal

In the Board's latest Section 2(a) rulings, Applicant RK Netmedia failed in its attempt to register the marks CUMFIESTA and CUMGIRLS for "entertainment services in the nature of photographic images, pictures, video and audio recordings,and information regarding adult oriented subject matter transmitted through a global computer network." The Board concluded that the marks "would be offensive to a substantial composite of the general public and [are] therefore prohibited by Section 2." In re RK Netmedia, Inc., Serial Nos. 77060742 and 77060766 (May 21, 2009) [not precedential].Marc Randazza (well-regarded First Amendment lawyer and blogmaster of The Legal Satyricon) argued on behalf of Applicant that the word "cum" is not scandalous "in the context of the marketplace as applied to only the goods or services in the application for registration...continue to full post

Full post as published by The TTABlog on May 26, 2009 (boomark / email).