Trademarking obscene, scandalous brands

By Ronald Toledano ( August 9, 2019, 11:37 AM EDT) -- In Canada, s. 9(1)(j) of the Trademarks Act includes a prohibition against the registration of a mark that may be “scandalous, obscene or immoral.” Seems straightforward, right? Well, in practice it is based on the subjective bias of the trademark examiner assigned to the application and as a result the Trademarks Office has been quite inconsistent in its implementation....