In re Lebanese Arak Corp.
United States Trademark Trial and Appeal Board
94 U.S.P.Q.2d 1215 (2010)
- Written by Mike Cicero , JD
Facts
Lebanese Arak Corporation (LAC) (applicant) filed an application with the United States Patent and Trademark Office (PTO) to federally register the mark Khoran (the mark) for wines. An examining attorney at the PTO entered a final refusal to register that mark under 15 U.S.C. § 1052(a), on the ground that the mark was disparaging, i.e., it came within the statute’s prohibition of federal registration for marks that “disparage . . . or bring . . . into contemp[t] or disrepute” any “persons, living or dead.” The examining attorney specifically asserted that the mark was the phonetic equivalent of “Koran,” which is the sacred text of Islam; that the Koran forbids consumption of alcoholic beverages, including wine; and that therefore the mark would be disparaging to Muslims’ beliefs. LAC appealed the final refusal to the PTO’s Trademark Trial and Appeal Board (the board). In its appeal, LAC contended that an assessment of disparagement under § 1052(a) is considered from the perspective of a substantial composite of the general public.
Rule of Law
Issue
Holding and Reasoning (Seeherman, J.)
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