Well, that title’s not exactly true. The United States Patent and Trademark Office (USPTO) has given a few FUCKs.
It has, for example, registered FUCK RACISM and FUCK THE ODDS for apparel, FUCK BOY for candles, FUCK JERRY for marketing and entertainment services, and FUCK THE POPULATION for various toys, bags, apparel and sporting equipment.
But not FUCK itself.
Well, sure, FUCK for snow globes, but more on that later. . . .
Erik Brunetti had to go all the way to the Supreme Court a couple of years ago to get the USPTO to give him a trademark registration for the legally scandalous term FUCT. He owns a few registrations for FUCT and uses it on a variety of goods including apparel, bags of different types, and eyeglasses.
But the USPTO has rejected his application for FUCK for essentially the same goods and services. Why did the USPTO decide to draw the line there?
If you go to Louisville, Kentucky — as my wife and I do as frequently as we can — you have to eat, so you’re always on the lookout for worthwhile restaurants. Frankly, we tend to eat at our favorite spots whenever we visit, but before our last weekend there, I checked the restaurant-tagged Google map for new places. There was one of our favorites, Doc Crow’s — oysters on the shell, exceptional pork rinds — and just behind it was a bar called The Troll Pub. I clicked over to its website and immediately exclaimed “What the fuck?” which was only partly an expression of my incredulity, because at The Troll Pub they have WTF happy hours — Wednesdays, Thursdays, and Fridays — so I was also just reading what was in front of me. But what an offense! I stared in disbelief at WTF, a perfectly good profanity, brought down by a marketing pun. “How often are we taken in by this indirection?” I wondered. In fact, it happens more than you’d think, let alone hope. I learned this when shopping around for fun game night games, some of which perpetrate similar puns.
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.
This post set out to be a fun romp through the naughty marks in the U.S. federal trademark register. Don’t worry, that post is still forthcoming . . . but in the meantime I’ve learned about a distressing trend that’s stopping lots of sweary marks from attaining federal registration.
Despite having been instructed by the Supreme Court that it can no longer refuse trademark applications on the ground that the contents are “scandalous,” the U.S. Patent and Trademark Office (USPTO) won’t commit wholeheartedly. It’s relying on a shaky rationale to justify rejecting a variety of recently-filed FUCK- and SHIT-formative marks, like GOOD SHIT, APESHIT and YOU FUCKING GOT THIS. Continue reading →