“You Cum Like a Girl” Rejected as Immoral and Scandalous

I am beaming with pride that John Welch, over at the TTABlog asked me to guest blog on the TTAB’s latest affirmance of a 2(a) refusal. My discussion of the case is here.

2 Responses to “You Cum Like a Girl” Rejected as Immoral and Scandalous

  1. Magna cum laude….spot on.

  2. Bob Cumbow says:

    Just cause for pride. However, you have to choose your battles, and this isn’t the one. Apart from any considerations as to “scandalousness,” this phrase is unregistrable as a trademark because it is merely ornamental and does not serve a trademark purpose. That is, it’s merely a clever saying that adorns the shirts, not a “brand” that indicates the source of the shirts. The Examiner should have refused on the “,erely ornamental” basis rather than the 2(a) “scandalous” basis, and thereby avoided the wrath of Messrs Welch and Randazza.


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