"Trump Too Small" trademark denied, going to Supreme Court

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GENERAL BACKGROUND

In a recent development, the United States Patent and Trademark Office (USPTO) has denied a trademark application for the phrase "Trump Too Small," citing concerns that it identifies a living person and creates a false association.

The trademark application was filed by an individual according to the USPTO's records. However, the application was seeking to use the phrase in connection with "clothing, namely, t-shirts, hoodies, and hats. (class 25).

In their response, the USPTO argued that "Trump Too Small" identifies a living person, Donald J. Trump, the 45th President of the United States. They stated that the phrase creates a false association with Mr. Trump, suggesting a message that may not accurately reflect his physical stature or any other characteristic.

Furthermore, the USPTO reasoned that allowing the trademark could potentially lead to confusion or misleading perceptions among consumers, as it could be perceived as an endorsement or criticism of Mr. Trump's personal traits.

While the USPTO has denied the trademark application, it's worth noting that the denial can be appealed, and it has been taken to the Supreme Court which granted review. The final decision on granting the trademark will ultimately lie with the judicial system.

This case highlights the complexities and considerations involved in trademark applications, particularly when it involves identifying a living person and potentially creating false associations, and weighs this against the First Amendment.

VIDEO RESOURCES

1. Attorney Steve discusses the First Amendment: https://youtu.be/5PhqAePU5Uk?si=WxRiXw0imPywQPZz

If you need help with a trademark or free speech (first amendment) issue contact us at (877) 276-5084.