Kamala Harris Files Two Applications to Register Her Campaign Slogan as a Trademark

Presidential campaign season is kicking off again and with that comes federal trademark applications for various campaign slogans and logos. The most recent applications come from Kamala Harris, who recently announced her candidacy for president on January 21, 2019.

Almost two weeks later, on February 1, 2019, the Kamala Harris for the People non-profit corporation filed two trademark applications with the U.S. Patent and Trademark Office. The first application is for the words KAMALA HARRIS FOR THE PEOPLE, while the second is for the stylized version seen below.

Both applications cover the exact same goods and services, which are goods and services you'd expect a campaign-related trademark application to cover, such as:

• Political campaign services, namely, promoting public awareness of Kamala Harris as a candidate for public office; providing online information regarding the 2020 presidential election; online retail store services (Class 35); 
• Political campaign services, namely, fundraising in connection with the 2020 presidential election (Class 41);
• Jewelry; lapel pins; cuff links (Class 14);
• Yard signs; placards and banners; posters (Class 16); and
• Apparel; headwear (Class 25).

These are the first federal trademark applications filed by the Kamala Harris for the People non-profit corporation. An attorney in the Seattle office of Perkins Coie filed the applications.

This isn't the first time I've blogged about a campaign-related trademark application, nor are such applications uncommon. In August 2015, Donald Trump filed an application for TRUMP covering a variety of campaign materials (that application matured into a registration). Later in August 2016, Evan McMullin filed an application for his presidential campaign logo (which is still registered). And finally, Kid Rock filed an application for KID ROCK FOR SENATE, despite apparently never having an intention to run for Congress (that application was refused for a variety of reasons and may not register).

Expect the filing of more campaign-related trademark applications as the campaign trail starts to heat up.

Evan McMullin Files Trademark Application for Presidential Campaign Logo

Just two days after announcing his independent bid for the White House, Evan McMullin's attorneys filed a federal trademark application for his campaign's logo (see below).

The campaign filed the application in Class 035 for "[p]olitical campaign services, namely, promoting public awareness of Evan McMullin as a candidate for public office; providing online information regarding political issues and the 2016 presidential election." The first use date for the mark is August 8, 2016 (the day Mr. McMullin announced his bid).

According to reports, Evan McMullin is a former CIA agent who thinks Donald Trump is going to lose the election. He is running as an independent candidate.

Given that most trademark applications take about 3 months before they are assigned to an examining attorney at the U.S. Patent and Trademark Office, and that it takes approximately 9-12 months for a trademark to register if all goes well, I doubt this mark will ever make it to registration (and will likely be abandoned by the campaign on a later date).

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.