In re Old Glory Condom Corp. 26 U.S.P.Q.2d 1216 (1993) Old Glory manufactured condoms with the American flag on the package. They attempted to get a trademark. The US Patent and Trademark Office (USPTO) denied the trademark. USPTO felt that the trademark was "immoral or scandalous" and could not be trademarked as per 15 U.S.C. §1052. The examiner felt that the condoms would "offend as substantial composite of the general public." Old Glory argued that their condoms were designed to fight AIDS patriotically. The Court of Customs and Patent Appeals reversed and registered the trademark. The Court found that, when viewed in light of the legal precedent established by other trademarks the USPTO had recently approved, the Old Glory Condom was not scandalous. Many sexually suggestive trademarks had been awarded. Many trademarks involving the American flag had been awarded. The USPTO had failed to establish that anyone other than the examiner was actually offended by the Old Glory Condom. The Court found that examiners must look to the entire context of the product. Old Glory was saying that preventing AIDS was patriotic, they were not trying to offend. If Old Glory had lost their case, their product would not be banned. They could still market and sell their product exactly as before. They just wouldn't have a right to stop other people from using the same packaging. Interestingly, Old glory would still have a common law trademark, they just wouldn't have a registered trademark. So far, no court has ruled that they would not protect a common law trademark on the basis of it being scandalous.