Federal Trademark Law

Section 2(a) of the Lanham Act prohibits the registration of marks that are scandalous or disparaging. Scandalous marks are viewed from the perspective of the general public. Disparaging marks, by contrast, are viewed from the perspective of a particular person, group, institution, or culture that is allegedly being damaged by the mark. A refusal to register is proper if the mark is disparaging in whole or in part.

The Lanham Act does not provide a definition of “disparaging,” and there is little legislative history on this section. According to the Federal Circuit, the legislative history of the Lanham Act indicates that § 2(a) was intended to preclude registrations that conflict with another's rights, such as the right of privacy and the right of publicity. In Greyhound Corp. v. Both Worlds, Inc., the TTAB defined “disparagement” as essentially a violation of one's right of privacy--the right to be “let alone” from contempt or ridicule. Under this view, the intent of § 2(a) was primarily to protect against the registration of marks that harmed the reputation of a particular individual or company.