AMENDMENT OF SPECIMEN
Applicant responds to the examiner's finding that the original specimens were not acceptable by submitting substitute specimens for the mark "fuckingmachines." These substitute specimens are attached as composite Exhibit A. A Declaration in support of these substitute specimens is attached as Exhibit B.
RESPONSE TO OFFICE ACTION
One man's vulgarity is another man's lyric
- A. Introduction
The particular online publication that the Application seeks to protect, "Fuckingmachines.com" (with the trademark registration applied for) constitutes protected speech within the meaning of the First Amendment to the United States Constitution.
The blanket theme of the rejection is the examiner's statement:
"Fucking" is an offensive and vulgar reference to the act of sex.
The Applicant respectfully challenges this characterization of the word "fucking" and its allegedly "offensive and vulgar" root: "fuck." Fuck means literally "to copulate."[1] Nevertheless, this much-maligned four-letter word has no intrinsic meaning.[2] Fuck play a role as a figurative term, for example, "to fuck" can also mean "to deceive."[3] It is a word of force that can assist us in our expressions of joy when used as an infix, as in abso-fucking-lutely[4] Fuck helps us express rage when we scream "fuck you" at a football referee, or at a motorist who has just cut us off in traffic. Fuck can help us express pain, as it is quite frequently the first thing out of most men's
- ↑ See Alan Crozier, Beyond the Metaphor: Cursing and Swearing in Ulster, in MALEDICTA X, at 115, 122 (1988–89).
- ↑ Christopher M. Fairman, Fuck, CENTER FOR INTERDISCIPLINARY LAW AND POLICY STUDIES WORKING PAPER SERIES, March 2006 at page 10.
- ↑ Id.
- ↑ For example, "Do you want some free Superbowl tickets? – absofuckinglutely!"
2
