TGIF for "THE COMPLETE A**HOLE'S . . ."

In In re Zaharoni (TTAB, January 4, 2005; not citable as precedent), an application for registration of the trademark "THE COMPLETE A**HOLE'S GUIDE TO . . ." was filed by David Zaharoni in connection with a "series of books providing information relating to advice, counseling, self-help, and humor:"


In affirming the Examining Attorney's refusal to register the mark as immoral or scandalous subject matter, the U.S. Trademark Trial and Appeal Board was not persuaded that the term "a**hole" is cleaned-up and non-vulgar. "When viewed in the context of applicant's books, the term 'a**hole' refers to the person to whom the book is intended, " wrote Administrative Trademark Judge Hairston. "The non-vulgar meaning has no applicability in this context."

Then perhaps the application should have been refused on the basis of being merely descriptive under Section 2(e)(1). After all, customers who bought this book this book at Amazon.com also bought "The Guide to Picking Up Girls" by Gabe Fischbarg.

And besides, "It's available at Wal-Mart, so how scandalous can it be?," asks The TTAB Blog.

Thank Goodness It's Friday,

--Bill Heinze