To: Suo, Michael (suo.michael@gmail.com) Subject: U.S. TRADEMARK APPLICATION NO. 86589725 - NO FUCKS GIVEN N/A Sent: 7/21/2015 3:37:22 PM Sent As: ECOM118@USPTO.GOV Attachments: Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO) OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION U.S. APPLICATION SERIAL NO. 86589725 MARK: NO FUCKS GIVEN *86589725* CORRESPONDENT ADDRESS: SUO, MICHAEL 63 Wall St Apt 2102 New York, NY 10005-3017 CLICK HERE TO RESPOND TO THIS LETTER: http://www.uspto.gov/trademarks/teas/response_forms.jsp VIEW YOUR APPLICATION FILE APPLICANT: Suo, Michael CORRESPONDENT’S REFERENCE/DOCKET NO : N/A CORRESPONDENT E-MAIL ADDRESS: suo.michael@gmail.com OFFICE ACTION STRICT DEADLINE TO RESPOND TO THIS LETTER TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW. ISSUE/MAILING DATE: 7/21/2015 The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03. SEARCH OF OFFICE’S DATABASE OF MARKS The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d). REFUSAL – Mark is Scandalous Registration is refused because the applied-for standard character mark, NO FUCKS GIVEN consists of or includes immoral or scandalous matter. Trademark Act Section 2(a), 15 U.S.C. §1052(a); see TMEP §1203.01. The words “immoral” and “scandalous” may have somewhat different connotations; however, immoral matter has been included in the same category as scandalous matter. TMEP §1203.01; see In re McGinley, 660 F.2d 481, 484 n.6, 211 USPQ 668, 673 n.6 (C.C.P.A. 1981) (Because of the court’s holding that appellant’s mark was scandalous, “it [was] unnecessary to consider whether appellant’s mark [was] ‘immoral.’ [The court] note[d] the dearth of reported trademark decisions in which the term ‘immoral’ [had] been directly applied.”). For a mark to be “scandalous,” the evidence must show that the mark would be considered shocking to the sense of decency or propriety, giving offense to the conscience or moral feelings, or calling out for condemnation. In re Fox, 702 F.3d 633, 635, 105 USPQ2d 1247, 1248 (Fed. Cir. 2012) (quoting In re Mavety Media Grp. Ltd., 33 F.3d 1367, 1371, 31 USPQ2d 1923, 1925 (Fed. Cir. 1994)); see TMEP §1203.01. 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. See In re Fox, 702 F.3d at 635, 105 USPQ2d at 1248 (quoting In re Mavety Media Grp. Ltd., 33 F.3d at 1371, 31 USPQ2d at 1925-26); In re The Boulevard Entm’t , Inc., 334 F.3d 1336, 1340, 67 USPQ2d 1475, 1477 (Fed. Cir. 2003); TMEP §1203.01. 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.” See Exhibit 1a 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. See In re Fox, 702 F.3d 633, 635, 105 USPQ2d 1247, 1248 (Fed. Cir. 2012) (quoting In re Mavety Media Grp. Ltd., 33 F.3d 1367, 1371, 31 USPQ2d 1923, 1925-26 (Fed. Cir. 1994)); In re The Boulevard Entm’t , Inc., 334 F.3d 1336, 1340, 67 USPQ2d 1475, 1477 (Fed. Cir. 2003); TMEP §1203.01. To consider the views only of a subset of the public who consume applicant’s goods is inappropriate. In re Manwin/RK Collateral Trust, 111 USPQ2d 1311, 1315 (TTAB 2014). Evidence that a mark is vulgar is sufficient to establish that the mark is scandalous within the meaning of Trademark Act Section 2(a). In re Fox, 702 F.3d 633, 635, 105 USPQ2d 1247, 1248 (Fed. Cir. 2012) (citing In re The Boulevard Entm’t , Inc., 334 F.3d 1336, 1340, 67 USPQ2d 1475, 1477 (Fed. Cir. 2003)); see In re Michalko, 110 USPQ2d 1949, 1951 (TTAB 2014); TMEP §1203.01. The term FUCK(S) is usually obscene and means to engage in coitus with. See definitions – Exhibits 1, 2, 3 and 4 Excerpts are provided below. Merrian-Webster FUCK usually obscene – to engage in coitus with. See Exhibit 2 The Free Dictionary by Farlee FUCK vulgar slang See Exhibit 3 Vocabulary.com “Fuck is one of the most common words in English — it's also one of the most offensive. It's main meaning is ‘have sex,’…”. See Exhibit 4 Cambridge Dictionaries Online FUCK - offensive to have sex with someone See Exhibit 5 Dictionary definitions alone may be sufficient to show that a term is vulgar if multiple dictionaries, including at least one standard dictionary, uniformly indicate that the term’s meaning is vulgar, and the applicant’s use of the term is clearly limited to that vulgar meaning. See In re The Boulevard Entm’t , Inc., 334 F.3d at 1341, 67 USPQ2d at 1478 (holding 1-800-JACK-OFF and JACK-OFF scandalous where all dictionary definitions of “jack-off” were considered vulgar); In re Michalko, 110 USPQ2d at 1953 (holding ASSHOLE REPELLENT scandalous where multiple dictionary definitions of “asshole” were considered vulgar); TMEP §1203.01. 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). For these reasons, applicant’s mark, NO FUCKS GIVEN is scandalous and registration is refused. Although the trademark examining attorney has refused registration, applicant may submit evidence and arguments in support of registration. TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $50 per international class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone without incurring this additional fee. If the Applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned Trademark Examining Attorney directly at the number below, or email. /Odessa Bibbins/ Attorney Advisor Law Office 118 Odessa.Bibbins@USPTO.GOV 571-272-9425 :Telephone 571-273-9425: Fax TO RESPOND TO THIS LETTER: Go to http://www.uspto.gov/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail. All informal e-mail communications relevant to this application will be placed in the official application record. WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response. PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.uspto.gov/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-7869199. For more information on checking status, see http://www.uspto.gov/trademarks/process/status/. TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.uspto.gov/trademarks/teas/correspondence.jsp. I I Browse Vote Favorites New Card Game DIIJTIEINARY resiiandIar CHANGE YOUR FILTERS Help keep everyone suite and comtortable at a price that's hard to boat 1 de?nition by No fucks given 1999-2015 Urban Dictionary TOP DEFINITION Fucks he standard unit of measurement used to describe the amount an individua ares about something. Fucks are an unofficial part ofthe metric system and follow the same rules. ie: one?thousand fucks are equal to one kilofuck. The fuck is almost always used to describe how little someone cares about something and the amount of fucks someone gives can be detected by a fuck- o-meter. Guy 1: You ready for the spanish exam today? Guy 2: nope. Guy 1 i was up studying night and i 'm screwed. Guy 2: i zero fucks. *Fuck?o-meter confirms 0 fucks given" by No fucks given July 2011 000 If Share Entry 470 Lil-re us on Faeebook! m-l559k PR011P: Press to view the image gallery. to view the video gallery, or to view a random entry. Year 2010 Origin 4chan Tags 4chan. image macro, ior. disregard, dismiss Additional References Meme Generator About ?And Not a Single Fuck Was Given That Day? is a modi?ed version of the colloquial phrase don't give a fuc hich is usually applied to images wherein the subject generally appears relaxed or carefree. Similar to Come at me bro, the can be paired with various images and portraits, as long as they ?t the theme. Origin The image and phrase began to gain popularity starting around March of2010; however, examples of the phrase ?and not a single tuck was given that day" appear online as early as 2009. Usage of this phrase and image macros has been steadily growing on 4chan since March 2010, and has become a popular macro on Reddit. "Not a Single Fuck Was Given That Day? also has a Facebook group with over 4000 members. Interest over time. ?Web Search. 'LVorldwide, 2004 - present. I "not a single fuck was given" I?d! I VIEWED Tap Twice Games 5,176 views Jeliy Bean Challenge -- 1,324 views This Is Just To Say Parody -- 2,862 views "Planned Parenthood Sells Parts" Controversy -- 9.254 views Suggest a Change Edit History Em Editors Fokjoe Deactivated Blah-tan Sr. Entry Moderator Chris Menning Digital Archaeologist 3: Archivist Pundit 8. Early Adopter Brad Le Editor Robin Do StatT Member Administrator amanda b. Meme Librarian (3. Answer 10 questions and Goose, geese. Moose, moose? see hovvr your vocabulary ranks What's up with weird plurals? Dictionary 1 SAVE POPULARITY fu If? I. verb l'feld Cite! 3+1 3 meet De?nition of FUCK infra nsllive verb 1 usually obscene COPULATE 2 usually vulgar: MESS 3 ?used with with transitive verb From Septon to Smallclothes: The real history behind 10 Game of Thrones words 1 usuall obscene to enae in coitus with ometimes used interjectionally with an object (as a personal or re?exive pronoun) to express anger, contempt, or disgust 2 usually vulgar: to deal with unfairly or CHEAT, SCREW See fuck de?ned for English-language learners Ask The Editor Videos a novice or beginner Get the Word of the Day daily email! Your email address 350;; ?Laurel? West'ch 'w ?eeztm?? 7m ya. - . With Every Stay! trial is mired ardmmaLui Words at Play ltigorsho When to Use lt's vs. its? 1- 12 Political Putdowns muillmoum mm mm "uv?iNliciv 'szianwm mm mm rmmi mammary mam-y nicmw icy; Cetiwo nee bonus moth simpie, umoma?: thud but up. Hi mummy. w, Hm fun-? idiom: fuck 4i mm mm cw 55nd mam mm? Hm agam may 1i - Loglaneglsler wing-m. mm.? 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[mmcwim 3.: i351 7 man 2 a us: ?4 fuck new, in?; man ilv?em New 1 a w, i233 mm msemui nurse. .mi Mm. mm a my :kisu mm Dwivv 2 Minimum mums: arse i 509 mmamm inm' mum Wm in ha i iriH . in wehmnlefs van: mum". can: in an: {age 4 war?an WMWMIVHM my in a in, Mm, MAW. ?mm 7w.? nxniw mum-hunt": nulnhilli mm a win '45, wiumsar?. Mobile Apps Free Took A Reiemnces in periodicals archive 1W-mwlmannranmaqnmm my ?uuyr'mi 'wn mmwm?, .inninwiimwyummy mm ?chm: ur mm been mm?; mm MHHI miwm. ks Hypo Sum ?w mum.? Mare 72qu5 Iii?? A M?mm ?illwn in: mum Talk to us 24/7/365 More from viiaimmwm DH: rmummi mm i Luau: Prw-?Ity mm meki mm u; mam mm in: minimum- m. minim-m "acme immcmwmimmw Turmeric Extract Curcumin Helps ?ght against free radical damage? A natural Piping Rock $15.49 ?Eilgn Up I Luz-g ln EDUCATOR EDITION LEADERBOARDS BLDG HELP \locabulargcom THE CHALLENGE THE fuck LOOKIT up VOCABULARY LISTS Searchesult: MrmcerlSemch RandomWorrl fuck Quiz yourself: English 7 it's also one of the mos offensive. It's main meaning is "have sex," but it has hundreds of other uses. COW means to: intimidate This slang term for sexual intercourse is not a word to be used 7 it's an nurture obscenity that, if used on some television networks, could cost the person who 0 apologize "dropped the f?bomb" thousands of dollars. Despite all the people who don't want to hear it, fuck is one of the most common Obscenities, and can be used as decelve a noun, verb, adjective, and adverb. It?s o?en used as a modi?er to add emphasis to another word, as in "that's so fucking stupid!" Add to List. Thesaurus Share It De?nitions of fuck I I - 1 PIpIngRock slang for sexual intercourse Tu rmeric Synonyms a_ss, fucking, nookie, noolg, piece of ass, piece oftail, roll in the hay, screw, screwing, shtup rac O?ers overall $14.49 Type of carnal knowledge, coition, coitus, congss. copulation, intercourse, relation, sex act, sexual congss, sexual intercourse, sexual relation the act of sexual procreation between a man and a woman; the man's penis is inserted into the woman?s vagma and excited until orgasm and ejaculation occur have sexual intercourse with Word Famin . . . . . ?icks Synonyms: bang, be Intimate, M, bonk, do it, if, get It on, get laid, have a go at it, have intercourse, have it away, have it off, have sex, fuck Wed fuckmg I hump, EH, know, lie with love, make love, make out, roll in the hay, screw, 5139 together, sleep with the family make out, neck kiss, embrace, or fondle with sexual passion Usage Examples Types Show 6 All Sauces Type of copulate, couple, mate, pair engage in sexual intercourse And thats what fucks white progressives up all the time, right? ?Up In the hills We say that autumn kisses you, but winter fuck: you hard. This is only auturrm's loss.? Thafs the thing about genuinely mature amsts: You really can express so much when you have no fucks le?: to give. When asked by a reporter why he continued to love playing football, Birtkus roared: "Hell. That?s like asking a guy why he fucks!? Next l> PipingRock' Acetyl Promotes concentration $29.99 Reserved Home HowltWorks EducatorEdition - Leademoaros Blog Help - anacy Terms Tl?i: ii; Cambridge 'i ii Privacy and Cookies Policy I Learn [ilttlonary Apps Help Iri Print Mem Search in your Browser Word oi the Day 18ml: Mutual FREE BACKPACK Meaning of "fuck" - English Dictionary See all translations fuck verb orT] UK ill) us In) [Mk/Em ololalelelol?l to have sex with someo - Phrasal verbs fU CK arou l?ld fuck SD around fuck exclamation US ifAk/ OFFENSIVE 0069006 used when expressing extreme anger, or to add force to what is being said: Fuck - the bloody car won?t start! Shut the fuck upl Who the fuck does she think she is, telling me what to do? JCPenney I fuck noun {01 um?) us in) 0069006 an act of having sex a sexual partner Translations of ?fuck? in Spanish joder follar ijc'ldeteL (De?nition oiiuck from the Cambridge Advarlc en Learners Dictionary is Thesaurus E) Cambridge University Press) What l5 the pionuntlatlun offutk?? .EDM We know who will list their house for suie next in your i lili l" no .Meirirlse com Browse - FSH - ft - Fuchs? endothelial - fuchsia - fuck - fuckrsih) up - fuck all - fuck around - fuck oft Share Develop Blog Dictionary API New Words Lookup Farebouk Search Widgets Twitter Lirense Data Google+ i (3 English (UK) WITH A QUALIFYING DENIM PURCHASE. 2.00 91.78 0 lees 0 Fcllowers Add Cambridge dictionaries 3.45 Fans to your browser to your website More meanings of ?fucks? All Phrasal Verbs fuck Off fuck so off fuck (sth) up fuck sb around fuck around See all meanings Cambridge recommends 0 Grammar for English Language Teachers 5: i-i-wi anion Martin Parrmt Click tor um iiIlo 0 SMART Thesaurus: Making people sad, shocked and upset ?fuc synonyms and related words: aback amiss ap al be laughing on the other side of your face idiom bite golfall to pieces idiom haunt hit/touch a (raw) nerve idiom horrify hurt sb's feelings idiom 955 nose sensitivity shake take sb aback tear 1 tear sb apart tear sb's heart out idiom torture traumatize See more results 3) synonyms in the topics. - Damaging and spoiling You can also ?nd related words, phrases, and - Delaying and wasting time - Failing and doing badly Start a Lucrative Cred' epair Business Now i. mm agg Demo GetQStarte oday Word of the Day run in cricket and baseball, a Single paint, scored by nlnning from one place to another Word ofthe Day .0069006 Bing How to use apostrophes Matti 1: by Liz Waller. July 15? 2015 mm l- t. Using apostropnes in the wrong way is .. Read More a yo-pro noun July is 2015 lnlonnal a young professional The belovem Read More About Accessibility Cambridge English Language Teaching Cambridge University Press Cookies and Privacy Corpus Temis of Use El Cambridge University Press 2015 To: Suo, Michael (suo.michael@gmail.com) Subject: U.S. TRADEMARK APPLICATION NO. 86589725 - NO FUCKS GIVEN N/A Sent: 7/21/2015 3:37:23 PM Sent As: ECOM118@USPTO.GOV Attachments: UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO) IMPORTANT NOTICE REGARDING YOUR U.S. TRADEMARK APPLICATION USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED ON 7/21/2015 FOR U.S. APPLICATION SERIAL NO. 86589725 Your trademark application has been reviewed. The trademark examining attorney assigned by the USPTO to your application has written an official letter to which you must respond. Please follow these steps: (1) READ THE LETTER by clicking on this link or going to http://tsdr.uspto.gov/, entering your U.S. application serial number, and clicking on “Documents.” The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification. (2) RESPOND WITHIN 6 MONTHS (or sooner if specified in the Office action), calculated from 7/21/2015, using the Trademark Electronic Application System (TEAS) response form located at http://www.uspto.gov/trademarks/teas/response_forms.jsp. Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as responses to Office actions. (3) QUESTIONS about the contents of the Office action itself should be directed to the trademark examining attorney who reviewed your application, identified below. /Odessa Bibbins/ Attorney Advisor Law Office 118 Odessa.Bibbins@USPTO.GOV 571-272-9425 :Telephone 571-273-9425: Fax WARNING Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application. For more information regarding abandonment, see http://www.uspto.gov/trademarks/basics/abandon.jsp. PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION: Private companies not associated with the USPTO are using information provided in trademark applications to mail or e-mail trademark-related solicitations. These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document. Many solicitations require that you pay “fees.” Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation. All official USPTO correspondence will be mailed only from the “United States Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.” For more information on how to handle private company solicitations, see http://www.uspto.gov/trademarks/solicitation_warnings.jsp.