The U.S. Patent and Trademark Office refused the mark on grounds of it being "scandalous" in what must surely be the most brilliant trademark determination of all time.
In this case, applicant seeks registration of NO FUCKS GIVEN for hats, headbands, hooded sweatshirts, pants, shirts, and wraps.
NO FUCKS GIVEN is the standard unit of measurement used to describe the amount an individual cares about something. See definition – Exhibit 1 It is a modified version of “I don’t give a fuck.” …
The attached evidence from Merriam-Webster and Cambridge Dictionaries Online, and others, shows the term, FUCK(S) which is obscene means to engage in coitus with. Therefore, the word FUCK(S) is scandalous because it conveys the commercial connotation of “no coitus given”.
A mark is scandalous when the evidence demonstrates that a substantial composite of the general public (although not necessarily a majority) would consider the mark to be scandalous in the context of contemporary attitudes and the relevant marketplace.
…
The fact that profane words may be uttered more freely in contemporary American society than in the past does not render such words any less profane. In re Tinseltown, Inc., 212 USPQ 863, 866 (TTAB 1981) (holding the mark BULLSHIT scandalous for handbags and other personal accessories); see In re Michalko, 110 USPQ2d 1949, 1953 (TTAB 2014) (holding the mark ASSHOLE REPELLENT scandalous for a spray can gag gift).
Bravo, Odessa Bibbins, Attorney Advisor! Read the full PDF, replete with Know Your Meme citations.
This comes, however, despite an earlier approval of ZERO FUCKS GIVEN.
[Via Jessamyn West]
