We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Understanding Immoral or Scandalous Matter (Trademark) in Law
Definition & Meaning
The term "immoral or scandalous matter" refers to content that is deemed offensive or contrary to accepted moral standards. Under 15 USCS § 1052, such content cannot be registered as a trademark on either the Principal Register or the Supplemental Register. Marks that provoke a strong negative reaction from the public or that are deemed shocking or inappropriate fall into this category. The assessment of whether a mark is immoral or scandalous is based on contemporary societal attitudes and the specific market context in which the goods or services are offered.
Table of content
Legal Use & context
This term is primarily used in trademark law, specifically when evaluating applications for trademark registration. Legal practitioners assess whether a proposed mark meets the criteria for registration, ensuring it does not contain immoral or scandalous material. Users can manage this process using legal templates from US Legal Forms, which provide guidance on preparing trademark applications.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A proposed trademark that includes vulgar language or imagery may be deemed immoral or scandalous and thus rejected for registration.
Example 2: A mark that promotes hate speech or discrimination would likely be considered scandalous and barred from trademark protection.
Relevant laws & statutes
The primary statute governing immoral or scandalous matter in trademark law is 15 USCS § 1052. This law explicitly prohibits the registration of marks that fall into this category.
Comparison with related terms
Term
Definition
Key Differences
Descriptive Marks
Marks that describe the goods or services.
Descriptive marks can be registered if they acquire distinctiveness; immoral marks cannot be registered at all.
Generic Marks
Common terms used to describe a class of goods or services.
Generic marks are never eligible for trademark protection, while immoral marks are explicitly barred.
Common misunderstandings
What to do if this term applies to you
If you believe your proposed trademark may be considered immoral or scandalous, consider revising the mark to eliminate any potentially offensive elements. It may be beneficial to consult with a legal professional for advice tailored to your situation. Additionally, you can explore US Legal Forms for templates that guide you through the trademark application process.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.