The U.S. trademark register is full of shit (or at least a few turds)

The U.S. Patent and Trademark Office has been refusing plenty of applications for marks containing curse words on the dubious ground that they are too commonplace to serve as trademarks. Ever. As I explained in my last post, these applications include SHUT THE FUCK UP legal services, KEEP FUCKING GOING jewelry, and YOU’RE AWESOME KEEP THAT SHIT UP dinnerware and oven mitts.

After that shocking exposé, we’ve earned a sweary tour through those scandalous marks that have made it onto the federal register. Applying to register these before the Supreme Court eliminated the ban in 2019 would have been a complete waste of time and money. But they have now officially penetrated the federal database. I’m not including the multiple asterisked-for-your-protection marks now on the register, though those too wouldn’t have made it through during the heyday of the scandalousness ban.

Let’s start with the shitstorm. Continue reading

Sweary links #21

Dick Assman, a Canadian gas station owner — yes, Assman the Gasman — has died at 82. He achieved fleeting celebrity in the 1990s when Dave Letterman featured him on the Late Show.

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Our new favorite Twitter account: Swear Trek.

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How the “sausage party” is made

As far as strong language goes, sausage party is hardly spicy. It’s a mild slang term for a social gathering in which men greatly outnumber women, usually expressed with a sense of bro-ish disappointment by its male members, er sausages. But a new adult computer-animated movie, Sausage Party, is getting a big rise out of its ham-handed innuendo.

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Flight of the Conchords uckin’ with my shi-

New Zealand comedy duo Flight of the Conchords, consisting of Bret McKenzie and Jemaine Clement, had a two-season TV series in 2007–09 full of inspired parody and goofy adventures. The show’s language is generally mild or euphemised:

Flight of the Conchords 1 - Jemaine Clement flup euphemism

So when truly strong language is called for, it’s a big deal. Here, mild-mannered and long-suffering band manager Murray Hewitt finally loses his patience:

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Guest post: Trademarks the government doesn’t want you to see

We’re pleased to introduce Strong Language readers to Anne Gilson LaLonde, the author of Gilson on Trademarks, a legal treatise on United States trademark law.  Anne writes and speaks about many different aspects of trademark law, but this topic may well be her favorite.

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Under the federal trademark statute, trademarks that are found to be “scandalous” can’t be registered with the United States Patent and Trademark Office.  While this doesn’t stop trademark owners from using these marks, they can’t rely on various legal advantages that come with federal registration.

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