"Registration is refused because the proposed mark consists of or comprises immoral or scandalous matter," wrote Michael Engel, the lawyer reviewing the case for the US Government.

"The term ‘fucking’ is an offensive and vulgar reference to the act of sex. A mark that is deemed scandalous is not registrable.”

There have been 39 trademark attempts that included the word 'fuck', five that have 'fucking', and at least 50 with 'shit'.

None have been successful.

However 'bitch' is permissable and around 140 trademarks feature the word 'ass'.

Marc Randazza, the lawyer representing the parent company of fuckingmachines.com, has persuaded his client to appeal the decision on the grounds of free speech.

“This much maligned four-letter word has no intrinsic meaning,” Randazza wrote in a submission to the appeal court.

"Fuck can play a role as a figurative term, for example, ‘to fuck’ can also mean ‘to deceive.’ 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’.

"‘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 mouths when they strike their thumb (accidentally) with a hammer.

"'Fuck' is a vehicle for our disappointment, when we see that our report card is not as good as we had hoped, or when our significant other is late for dinner, or leaves us altogether.

"'Fuck' is an old friend, who can always make us laugh."

Much of Randazza's argument rests on the fact that the law forbidding 'obscene' trademarks was formulated in 1905 and is thus outdated.

Also he points out that standards have changed over time as society's values shift.

He uses the example of how it is no longer possible to trademark the names of Native American tribes.

But for all his legal arguments, Randazza is not under any illusions about the prospects for success.

"I’m jousting at a windmill," he admits.