Last summer I blogged here and here about Donald Trump’s first US trademark application for “Make America Great Again”. That one registered in July of 2015 (US trademark registration number 4773272).
Now Mr. Trump has filed three more trademark applications for the same mark:
- US application number 86716074 – opposition period closes March 17, 2016
- US application number 86724213 – opposition period closes March 17, 2016
- US application number 86724115 – opposition period closes March 24, 2016
It is interesting to me that in the still-pending applications, Trump is listed as the Owner individually, while in the one issued registration Trump assigned his interest to “DTTM Operations LLC”. I wonder why Trump would cause himself to be listed as an individual Owner of the other more-recent applications and not his organization DTTM Operations LLC.
Further, after looking at the website, DonaldJTrump.com it seems to me that some of the recited services; that is, Class 36, “fundraising in the field of politics”, are merely for the benefit of Trump (I looked at his “Donate” webpage), and are not services provided for “others”. Therefore, the submitted Specimen that was accepted by the Examining Attorney looks to me to be deficient. What do others think? I think that if I had been the Examining Attorney, I would have inquired as to the “Donate” page to determine whether the fundraising services were being provided to “others” besides Donald Trump and his related campaign organization.
To the extent Trump is asserting trademark protection for various swag (tee-shirts, ball caps, bumper stickers, badges, other trinkets, etc.) with the slogan “MAKE AMERICA GREAT AGAIN”, at this early point, I think that there is a strong argument that the “mark” on such items is mere ornamentation, and that any associated registration should be associated with the Supplemental Registry until such time it’s been in commerce long-enough to acquire distinctiveness.
And what do you think of 86917861 – “MAKEUP AMERICA GREAT AGAIN”, filed last month? 🙂
(Blush; Eye liner; Eye shadow; Face powder…)
IMHO, this sort of “mark” should be denied registration under the first amendment. “Make America great again” is a widely-held opinion, expressed in plain English, and the trademkark registrations will unreasonably hinder the freedom of people not connected with Trump to express that opinion.
Guys….It get’s even weirder!
Serial Number 85783371 for “Make America great again”
Owner (REGISTRANT) Trump, Donald J. INDIVIDUAL UNITED STATES
(LAST LISTED OWNER) DONALD J. TRUMP FOR PRESIDENT, INC.
has a Filing Date of November 19, 2012!!!
He ‘knew’ he was running all along!!! And….he’s going to make an absolute Trump Tower load of cash after he takes office by selling billions of pieces of merchandise carrying that very slogan!!! Have to agree with Henry Blanco White’s comment 100%!