COVFEFE for Beer and 31 Other Applications to Register COVFEFE as a Trademark Filed in Less Than Two Weeks

Back in January it was "Alternative Facts." In June, it's COVFEFE. Since President Trump tweeted the strange word in the early morning hours of May 31st, 32 applications to register the word as a trademark have been filed with the U.S. Patent and Trademark Office.

The very first application, for #COVFEFE, was filed by an individual in Illinois and covers hats, t-shirts, jackets, and various other apparel items. Some of the other goods and services covered by these COVFEFE applications include:

• Coffee and coffee-houses (Classes 30, 43);
• Advice relating to investments (Class 36) by Covfefe, LLC in Michigan;
• Beer (Class 32) by Barley Forge Brewing Co. in California (a company in Florida, a brewery in North Carolina, and a company in Texas also filed COVFEFE applications covering beer);
• Clothing for domestic pets and pet toys (Classes 18, 28); and
• Sandwiches (Class 30) by the Seattle Biscuit Company, LLC.

There are also several applications covering various clothing items in Class 25.

Obviously, multiple applications for the same word covering the same goods and services will cause problems for most of these applicants because the USPTO will not register a mark that is confusingly similar to a mark contained in a previously filed application covering related goods or services. 15 USC 1052(d). Generally, the applicant that files first for particular goods and services is entitled to registration over later-filed applications.

However, that assumes all the other statutory requirements for registration are met. See 15 USC 1052 for common refusals to registration. For example, generally, before a trademark application will mature into a registration, it must be in actual use as a trademark in interstate commerce (meaning the mark identifies the source of the applicant's goods/services and such goods/services are being sold, shipped, or, in the case of services, promoted or rendered across state lines). If an applicant cannot successfully demonstrate it is using COVFEFE as a trademark in commerce, or if there are any other deficiencies with the application (i.e., inadequate description of the goods/services, deficient specimen of use, incorrect classification of goods/services, etc.) the application will be abandoned and the non-refundable filing fees lost.

So, although 32 COVFEFE trademark applications have been filed through June 11th, and many more are likely to come, a very small number of these will actually register. Most will be refused registration due to earlier filed COVFEFE applications covering related goods/services, others will not submit sufficient proof of use, and other applicants will be denied due to various deficiencies in their applications.

In other words, while it's relatively easy to file a federal trademark application, it is only the beginning of a complicated legal process and by no means guarantees an applicant a federal trademark registration.

The trademarks and the application serial numbers filed through June 11th are:

Trademark For Trumpmoji Filed...But Not By Donald Trump

It's 2016. Federal trademarks applications for SELFIE- and EMOJI-related marks are commonplace (for better or for worse). Continuing with that trend and taking a shot at Donald Trump (I think?), a company in Louisiana filed a federal trademark application for TRUMPMOJI on April 10th.

The applicant filed this trademark application in Class 009 for "[c]omputer application software for mobile phones, namely, software for sharing information on social media; [c]omputer graphics software; [d]ownloadable computer graphics; [d]ownloadable graphics for mobile phones." This first use date is listed as March 29, 2016.

While hilarious, this application has a problem. Section 2(c) of the Trademark Act is an absolute bar on the registration of marks that consist of the name of a living individual unless that individual provides his or her written consent to the U.S. Patent and Trademark Office (which Donald Trump did not do here, obviously). 

The fact that this application is for TRUMPMOJI and not DONALD TRUMP does not make a difference. The Trademark Office makes it clear "Section 2(c) applies not only to full names, but also first names, surnames, shortened names, pseudonyms, stage names, titles, or nicknames." TMEP 1206.01. For example, trademark applications for OBAMA PAJAMA, OBAMA BAHAMA PAJAMAS, and BARACK'S JOCKS DRESS TO THE LEFT were all refused registration under SEction 2(c). See In re Hoefflin, 97 USPQ2d 1174, 1177-78 (TTAB 2010).

Candidates for political office are generally reluctant to bring legal action to prevent the use of their name (although this is Donald Trump), so this company's TRUMPMOJI app may continue to exist. As far as obtaining a federal trademark registration for the name, however, that is extremely unlikely. Unfortunately for the applicant, that means the $225 nonrefundable filing fee submitted with this application is all but lost.

Donald Trump Files TRUMP Trademark to Protect Campaign Materials

The 2016 presidential campaign trail is heating up and Donald Trump has been front and center. On August 13th, he filed a federal trademark application for TRUMP across seven different classes covering a variety of campaign materials (the $1,925.00 filing fee is nothing to him!).

Among the items Trump sought to protect with this trademark filing are bumper stickers and decals, placards, pamphlets, advertising signs, various clothing items, and campaign buttons. He also sought to protect the use of TRUMP as it relates to fundraising for campaign services, political campaign services, and online social networking services in the field of politics and political campaigns.

How do we know the real Donald Trump is behind this trademark filing? Section 2(c) of the Trademark Act prohibits the registration of a trademark containing the name, portrait, or signature of a living individual without that individual's written consent (see also TMEP 813). Thus, Trump's written consent must be filed with the application above (we've seen this before with Kris Jenner). For those interested in seeing Trump's signature, you can view it here.

For those of you Trump fans planning to market your own TRUMP-related campaign materials, think again. If this application registers in approximately 9-12 months (just in time for the election), Trump will secure the exclusive, nationwide right to use TRUMP on the materials listed in the registration.

Trump also filed two different federal trademark applications for his slogan MAKE AMERICA GREAT AGAIN on August 13th related to similar campaign materials.