Scandalous

Trademark- "Nut Sac Ale" Not Immoral or Scandalous

A proposed trademark can be refused and/or rejected by the trademark office is the proposed mark is deemed “scandalous or immoral” when analyzed against contemporary attitudes and norms.  The trademark office recently reversed a refusal to register the trademark NUT SACK DOUBLE BROWN ALE for beer after determining that, contrary to the examiner’s assertion, the proposed mark was immoral or scandalous.  Filers of the mark argued that the term “nut” simply referred to a flavor, while “sack” suggested a “sackful of flavor.”  Cue laughter.  Ultimately, the Trademark Trial and Appeals Board determined that the proposed mark was not so shocking or offensive as to be held scandalous with the trademark law.