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?
Back in 2015 I wrote about visual swears in film, where profanity appears on the screen rather than on the soundtrack. The films featured in that post were The Girl with the Dragon Tattoo, Blade II, Shoot ’Em Up, Runaway Train, and Sorry to Bother You. Since then I’ve gathered a fuckload more.
Visual swears can have all sorts of motivations for filmmakers: humour, attitude, character type or mood, place detail, meta-commentary, and so on. After all, they’re deliberately built into a film’s production design – unless it’s a documentary, in which case they’re still selected in the framing and editing.
The first film below happens to be a documentary, and a great one: Dark Days (2000), which explores the lives of people living in a disused New York subway tunnel. One of them labels a makeshift toilet SHIT SPOT, perhaps for both informational and comedic reasons:
Blue Velvet is a film with an enduring power to unsettle viewers. Its unique brand of ‘darkness in colour’ (to borrow Pauline Kael’s phrase) features also at the level of language, with the cornball goofing of its young sweethearts set against the malevolent and compulsive profanity of Frank Booth, played by Dennis Hopper.
For his book Lynch on Lynch, Chris Rodley asked David Lynch if all of Frank’s fucks were in the script or if any were improvised. Lynch replied:
I had many, many, many of them written in the script, but Dennis always added more, because you get on a roll, and you can’t help yourself. And if an actor is locked into the groove so solidly, even if they say extra lines, or not exactly the way they’re written, they’re truthful. And for me Dennis was one of those guys. He always says that I could never say the word on set and that I would go to the script and say, ‘Dennis, when you say this word.’ [Laughs.] That’s not true exactly.
The filmmakers initially passed on Hopper because of his reputation, but the actor persisted and Lynch, thankfully, reconsidered. Without presuming to psychoanalyze Booth – ‘there’s enough material there for an entire conference,’ as the psychiatrist said of Basil Fawlty – we can see in his profanilect* motifs of incest, defecation, and violence, among other things. He swears inventively but also routinely, and constantly.
Enough fucking about. Let’s look at some examples. (Spoiler and trigger warnings ahoy.)
The American Dialect Society’s (ADS) word of the year event, on the go since 1990, is the culmination of the annual WOTY cycle. It showcases the creativity of language users and highlights items of genuine interest and note. For many word lovers it transcends the ambivalence they feel about the custom in general [cough-youthquake-WTF-cough].
ADS words of the year are spread across multiple evolving categories, with an overall winner chosen from that set: political, digital, slang/informal, most useful, most creative, most likely to succeed, euphemism, hashtag, emoji. There’s even a WTF category, this year featuring covfefe, Oh hi Mark, procrastination nanny, and raw water.
Nominations for 2017 were mild compared to the rudefest that was 2015, but there are exceptions: pussyhat (‘pink knitted hat worn by demonstrators at the Women’s March’) was shortlisted for word of the year; askhole (‘person who continuously asks ridiculous or obnoxious questions’) was in the running for most creative; and, most notably, shitpost was declared the digital word of the year.
So what the shit, you might wonder, is shitpost?