Trump’s Trademark Issues

How long has Trump been planning this?

MAGAApparently Mr. Trump decided he liked the sound of “Make America Great Again” as  far back as 2012, when he first filed an application for the phrase with the Trademark Office (Serial 85783371).   However, in the application he seems to be  anticipating using it for a Political Action Committee, rather than for his own candidacy. The required list of services he listed were as follows:

  • Political action committee services, namely, promoting public awareness of political issues. (IC 035)
  • Fundraising in the field of politics. (CIC 036)

However he was apparently not ready to use it back then, as he did not finalize the registration until earlier this year – about a month before he formally announced.

Trademark Issue #1

Subsequently, on August 13th two new filings  (86724115 , 86724213were made by him for the phrase and include an exhaustive list of such items as  

  • Bumper stickers; decorative decals for vehicle windows; stickers; advertising signs of papers; advertising signs of cardboard; placards and banners of paper or cardboard; printed publications, namely, pamphlets providing information regarding Donald J. Trump as a political candidate; posters; pens
  • Clothing, namely,sweatshirts, T-shirts, tank tops, long sleeve shirts; headwear, namely, caps and hats; baby clothing, namely, one piece garments; children’s clothing, namely, t-shirts
  • Campaign buttons, and
  • interestingly a series of items referencing “Political campaign services”.

This last items underscores an interesting question. Why include this if he already had the rights for “Political action committee services” –  while I won’t pretend to know, the answer may lie in the fact that a Political Action Committee recently popped up using the same name which begs the question that if the trademark is Trump’s – he is either coordinating with the PAC, or  he needs to police it and demand they change the name in order to preserve his rights.

Trademark Issue #2

On August 5, 2015, a another party filed an application for “Make America Great Again” for 

  • All purpose sport bags; Backpacks; Duffel bags; Knapsacks; Tote bags; Umbrellas and
  • Footwear; Hats; Jackets; Pants; Shirts; Short-sleeved or long-sleeved t-shirts; Shorts; Socks; Sweat shirts; Swim wear

This application was filed as an intent to use application, while Trump’s August 13 application alleged prior usage as of 4/12/2015.   Trump’s second August 13 application however, listed the identical items “All purpose sport bags; Backpacks; Duffel bags; Knapsacks; Tote bags; Umbrellas” as being as intent to use.  So what? – you might ask. Strictly speaking, this would normally mean that the other filer would have priority over any claim has on exclusive rights to the phrase for the purposes of items like these., but the fact that he has now filed an application for identical goods hints that he will oppose the issuance of other applicant.

I also think it is safe to say that Mr. Trump plans to use this application to try and stop anyone from using the phrase on any merchandise from now on.  Ebay is Awash in items already . The real question will be if he can be successful in enforcing the mark for these items (See trademarking a phrase for tee-shirts).