After my latest post on the rejection of FUCK as a registered trademark for apparel, I offer all you aficionados of sweary trademarks another roundup of registrations.
Around 100 FUCK-formative trademarks are registered at the United States Patent and Trademark Office (USPTO). That’s not including a bunch of sanitized-ish FOX, FVCKs, and similar close calls. In addition to TOM FORD FUCKING FABULOUS — the derivation of which was explored fabulously by my fellow Strong Language contributor Nancy Friedman — other registered fucking marks include:
- FUCK IT! for “noodle-based prepared meals”
- GOOD FUCKING for wine and other alcoholic beverages
- GET THE FUCK OUT OF BED for coffee beans
- FUCK PROOF for mascara
The following design mark is registered for podcast productions, which the producers intriguingly describe as “a true crime comedy podcast about cults, murder and other generally fucked up stuff”:
For decades, it would have been a complete waste of your time to apply to register FUCK at the United States Patent and Trademark Office (USPTO). Same with F*CK, FXCK, F CK, FUK, FUX, FUHKIT, and the like. Images of a raised middle finger? Also entirely out of the question.
Then, in 2019, the Supreme Court struck down the statutory bar on registering “scandalous” trademarks. That decision opened the door to all sorts of fucking shit on the trademark register, in the name of free speech.
Or did it?
Erik Brunetti, the plaintiff who won at the Supreme Court and ultimately registered FUCT, then tried to register plain old FUCK. In June of 2021, an examining attorney refused Brunetti’s application for FUCK for sunglasses, cell phone cases, jewelry, a variety of types of bags, and retail services. Many of the same goods for which he’d already registered FUCT. The Trademark Trial and Appeal Board (TTAB) – essentially the appellate court of the USPTO – has agreed with that conclusion.
So scandalous trademarks are generally registrable, but FUCK isn’t? What the actual . . . heck?
We’re pleased AF to let you know that “History of Swear Words,” will launch on Netflix January 5, 2021. The series—six 20-minute episodes—will consider the etymologies, false etymologies, and usage of six classic swears: fuck, shit, dick, bitch, pussy, and damn.
We’re especially pleased that one of our Strong Language co-fuckers, lexicographer Kory Stamper, was one of the consultants for the show. The other experts include cognitive scientist and author of What the F Benjamin Bergen; linguist Anne Charity Hudley; professor of feminist studies Mireille Miller-Young; film critic Elvis Mitchell; and author of Holy Sh*t: A Brief History of Swearing Melissa Mohr.
Nicolas Cage will host.
More details here. And let’s hope for a second season so we can delve into asshole, cunt, cocksucker, and other sweary faves.
Sentimentally, we like to think that ladies of an earlier time — mostly our grandmothers and great-grandmothers — lived virtuous lives, without swearing. When Joseph Mitchell profiled A. S. Colborne, who spent much of his life trying to exterminate profanity, for The New Yorker in 1941, he captured the paradoxical view of women’s swearing, partly as a function of class, at that time. When Mitchell visited one day, Colborne explained, “I’m sort of sleepy … Sat up late last night studying over bar and grill profanity. Why, the women are worse than the men. And you can’t talk to them! Why, they’ll spit in your eye!” But then, he remembered that when he first started admonishing swearers on the street, he would insist, “‘Your dear old mother never taught you to talk like that. Think it over!” But maybe some mothers did, and some classy women of the mid-twentieth century apparently swore a lot, whatever our mythology.
I was reminded of this while reading Janet Somerville’s new selection of Martha Gellhorn’s letters, Yours, for probably always (Firefly Books, 2019) and then Caroline Morehead’s Gellhorn: A Twentieth-Century Life (Henry Holt and Company, 2003). Gellhorn is a remarkable writer, perhaps most famous for her war reporting. The final edition of The Face of War (1988), collects dispatches from the Spanish Civil War, the wars in Finland and China, Word War II, wars in Java and Vietnam, the Six Day War, and Central American wars. She wrote fiction, too, perhaps most importantly The Trouble I’ve Seen (1936), four stories about the Great Depression. To my mind, Gellhorn is one of the best American writers of the twentieth century.
Yes, 2020 has been a shitshow, but at Strong Language we still observe the niceties—or the naughtyties—of ritual and tradition. Here are gifts that evoke the spirit of the season and the whole fucking year.