IN RE McGINLEY

No. 81-502.

660 F.2d 481 (1981)

In re Robert L. McGINLEY.

United States Court of Customs and Patent Appeals.

October 1, 1981.


Attorney(s) appearing for the Case

Don B. Finkelstein, Los Angeles, Cal., for appellant.

Joseph F. Nakamura, Sol., Fred E. McKelvey, Associate Sol., Washington, D.C., for Patent and Trademark Office.

Before MARKEY, Chief Judge, and RICH, BALDWIN, MILLER and NIES, Judges.


MILLER, Judge.

This appeal is from a decision of the Patent and Trademark Office ("PTO") Trademark Trial and Appeal Board ("board"), reported at 206 USPQ 753 (1979), affirming the examiner's rejection of appellant's applications to register a trademark and service mark on the basis that it comprises "immoral ... or scandalous matter" within the meaning of section 2(a) of the Lanham Act.1 We affirm.

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