A novelty gift “Asshole Repellent” (spray top can) tried to federally register its product name. Not surprisingly, the TTAB’s May 30, 2014 decision concluded the word “asshole” was scandalous and not eligible for federal protection. Although the word has lost much of its shock value because of its common usage in everyday speech, it is still recognized as a vulgar word. The applicant argued it was “at most impolite” in this day and age but the TTAB disagreed, finding that some words have ‘“enduring vulgarity” “despite changing times and norms.”

The TTAB has previously refused to register other scandalous marks such as “Cock Suckers,” “Sex Rod” and “AWSHIT works.” Interestingly, the TTAB has not found the term “ass” to be vulgar or scandalous. Marks currently on the Federal Register include “Blast that Ass,” “Fake Ass Bitch,” “Ass Juice” and “Tight Ass.”

The applicant can still use the mark “asshole repellent” and claim common law trademark rights even though it can’t federally register its brand.