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Posted by on Feb 12, 2017 in Trademark News | 0 comments

Trump Trademarks Filing 2017

Trump Trademarks Filing 2017

Thanks for all your support and orders, as we begin the new Trump Presidency we have some interesting trademarks filed using the name “TRUMP” each trademark application that is the pending stage will  require a document signed by President “TRUMP” himself. If this document is not signed an office action like this one below will be issued. Save $225 in USPTO fees plus the service of the paralegal or attorney you hired to file these applications.

We have as of today 2/12/17 we have a total of 266 Live trademarks hits for the keyword “TRUMP” out of it 97 are pending, 97 times $225, only in USPTO we have $21,825 in fees alone not counting services fees. Yes I want to believe some of these 97 were filed by companies with the authority to produce that letter, but from a quick look lots of this good money is going down the flush. $50,000 would be a safe estimate.

Before filing a trademark, please make sure you do a search, and know the procedures and the legal matters involved.

Trump Trademarks

SECTION 2(c) NAME OF LIVING INDIVIDUAL REFUSAL

Registration is refused because the applied-for mark consists of or comprises a name, portrait, or signature identifying a particular living individual whose written consent to register the mark is not of record.  Trademark Act Section 2(c), 15 U.S.C. §1052(c); TMEP §1206; see In re Nieves & Nieves LLC, 113 USPQ2d 1639, 1649-50 (TTAB 2015); In re Hoefflin, 97 USPQ2d 1174, 1175-76 (TTAB 2010).

 

For purposes of Section 2(c), a name in a mark identifies a particular living individual if the person bearing the name will be associated with the mark as used on the goods or services because:  (1) “the person is so well known that the public would reasonably assume a connection between the person and the goods or services;” or (2) the individual is publicly connected with the business in which the mark is used.”  In re Nieves & Nieves LLC, 113 USPQ2d 1639, 1650 (TTAB 2015); see In re Hoefflin, 97 USPQ2d 1174, 1175-76 (TTAB 2010); Krause v. Krause Publ’ns, Inc., 76 USPQ2d 1904, 1909-10 (TTAB 2005).  Here the mark XXXXXXXXX refers to Donald Trump.

Donald John Trump is an American real estate developer, television personality, business author, and political candidate. He is the chairman and president of The Trump Organization, and the founder of Trump Entertainment Resorts.  On June 16, 2015, Trump formally announced his candidacy for president of the United States in the 2016 election, seeking the nomination of the Republican Party. The proposed mark would be construed by the public as a reference to Mr. Trump. Please see the attached sampling of items retrieved via an internet search evidencing the public would recognize and understand the proposed mark as identifying Donald Trump.

Additionally, Donald Trump has numerous nicknames and is referred to in a number of ways, including use of his first and last name.  Section 2(c) applies not only to the full name of an individual, but also to any first name, surname, shortened name, pseudonym, stage name, title, or nickname that identifies a particular living individual.  In re Nieves & Nieves LLC, 113 USPQ2d 1629, 1639 (TTAB 2015) (holding registration of the mark PRINCESS KATE barred under Section 2(c) in the absence of consent to register, because the mark “points uniquely and unmistakably to Kate Middleton,” the Duchess of Cambridge, whose identity is renowned); In re Hoefflin, 97 USPQ2d 1174, 1177-78 (TTAB 2010) (holding registration of the marks OBAMA PAJAMA, OBAMA BAHAMA PAJAMAS, and BARACK’S JOCKS DRESS TO THE LEFT barred under Section 2(c) in the absence of consent to register, because the marks create a direct association with President Barack Obama); In re Sauer, 27 USPQ2d 1073, 1074-75 (TTAB 1993) (holding registration of a mark containing BO, used in connection with a sports ball, barred under Section 2(c) in the absence of consent to register, because BO is the nickname of the well-known athlete BO JACKSON and thus use of the mark would lead to the assumption that he was associated with the goods), aff’d per curiam, 26 F.3d 140 (Fed. Cir. 1994).    Here XXXXXXXXXX references Donald Trump.  Please see attached the following website evidence:

 

Using the name Donald Trump in combination with the mark XXXXXXXX.  The evidence shows consumers are likely to make a direct association between the mark and Donald Trump.

Accordingly, because Donald Trump’s written consent is not of record, registration must be refused pursuant to Section 2(c) of the Trademark Act. To overcome this particular refusal, the applicant must submit written consent from the referenced party. This written consent must include a statement of Mr. Trump’s consent to applicant’s registration of the identifying matter as a trademark, and not just the party’s consent to permit applicant to use the mark. See Reed v. Bakers Eng’g & Equip. Co., 100 USPQ 196, 199 (PTO 1954). Trademark Act Section 2(c), 15 U.S.C. §1052(c ); TMEP §§813 and 1206 et seq.

Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in support of registration.

If applicant responds to the refusal(s), applicant must also respond to the requirement(s) set forth below.  Please note addressing the informalities does not resolve the refusal above.

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