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Precedential No. 10: Divided TTAB Panel Affirms 2(a) Disparagement Refusal of "KHORAN" for Wines

An augmented TTAB panel of five judges affirmed (3-2) a Section 2(a) disparagement refusal to register the mark KHORAN for wines, concluding that "Muslims would find the mark KHORAN for wines as disparaging to themselves, their religions and their beliefs." The dissent, however, found significant doubt that the word KHORAN, when used in the context of wine, would be equated with the Islamic holy text. In re Lebanese Arak Corporation, Serial No. 77072261 (March 4, 2010) [precedential].The panel majority reviewed the "structure and development" of Section 2(a), observing that "the proper ground for refusing marks which would offend the sensibilities of an ethnic or religious group is that the matter is disparaging to the members of that group, rather than the matter is offensive or scandalous...continue to full post

Full post as published by The TTABlog on March 11, 2010 (boomark / email).