Daniels Video Programming LLC is a video game developer that has developed a first$-$person shooter game that it has called "Shitstorm." The Patent and Trademark Office $($PTO$)$ denied the mark on the grounds that it was prohibited by the Lanham Act's prohibition against immoral or scandalous marks. Daniels sues. What is the likely outcome?

Daniels will lose. The Lanham Act prohibits marks that the general public would find offensive or vulgar.

Daniels will lose. The Lanham Act prohibits marks that the PTO finds offensive or vulgar.

Daniels will lose. The PTO has unreviewable discretion under the Lanham Act to approve or reject trademark applications.

Daniels will win. The prohibition against immoral and scandalous marks violates the First Amendment's guarantees of free speech.